GENERAL TERMS AND CONDITIONS OF SALE OF WWW.CNR.FR WEBSITE
Article 1 - Definitions:
« Subscription » means the subscription, by the User, to a paid Service put online by the CNR.
« API » designates an application programming interface giving access to an index of the CNR.
« General terms and conditions of sale or GTCS » means the provisions set out herein, governing access to the paid Services accessible on the Site.
« Product » means any publication on paying paper ordered by the User and deliverable to his home address.
« Site » refers to the CNR Web Site located at the URL address "www.cnr.fr", all pages of the said site.
« Paid services » means the paid services offered by the CNR on its Site.
« USER » means any legal or natural person, located on the territory of the European Union, visiting the Site "www.cnr.fr", as well as all the pages of the said Site.
Article 2 – Object :
The purpose of these general terms and conditions of sale is to define the terms and conditions of sale of the paid Services available on the Site that the CNR makes available to Users; this Site and the Services being reserved for Users located within the European Union.
The purchase of Paid Services by the User automatically entails full and unreserved acceptance of these GTCS as well as the TOS and the policy relating to personal data and cookies in force at the time of the User's order.
The applicable GTCS are those in force at the time of each purchase by the User on the Site. These GTCS may be modified at any time by the GTCS as necessary. Consequently, the User is invited to read the GTCS each time he makes a purchase.
Article 3 – Description des Services payants :
3.1 Annual Subscription
The CNR provides Users with a paying annual subscription allowing them to access advanced functionalities of the Site which are :
- A tool for comparing indices and time series
- Immediate e-mail alerts on new releases of NRC indicators and studies;
- Advanced tools and simulators;
- The graphical display of the indicators published by the CNR ;
- The possibility of modifying the base 100 of the indices available on the Site.
These files can be consulted directly on the NRC website but can also be downloaded.
As such, the User undertakes to respect the legislation applicable to works protected by intellectual property rights and not to reproduce the digital file on any medium other than his/her personal computer.
3.2 Monthly API Subscription
The CNR provides Users with a subscription to an API, allowing the software used by the User to automatically retrieve, after the programming of its software which is the responsibility of the User, the data and information provided by the CNR.
If he wishes, the User can subscribe to one or more APIs.
3.3 Ordering Products
Certain Paid Services consist of orders for Physical Products such as specific publications that do not fall within the scope of the annual subscription and are billable on a per-unit basis.
These specific publications will be sent in hard copy to the postal address provided by the User.
3.4 Dispositions communes aux abonnements et commandes
When the User wishes to take out an annual Subscription, a monthly Subscription to an API or to order specific Products, he or she selects the Subscription and/or the Product in question by adding it to his or her basket.
Once the Subscription and/or the Product has been added, the User will then be able to check and modify, if he wishes, the contents of his basket before confirming it.
Once the basket has been confirmed, the User will be redirected to a summary page showing the Subscription and/or the Product added, the price of each item and the total price of the order.
The summary page will also mention the different delivery options, as well as the corresponding delivery charges, which the User will then have to select.
After filling in the delivery options, the User will have to select his payment method.
If he chooses to pay by credit card, he will have to fill in his bank details, the User and confirm his order by clicking on the "Validate" button.
Once the order has been confirmed, the User will be redirected to a page summarizing the said order and will receive an email confirming the order as well as the corresponding invoice.
If it opts for payment by SEPA Direct Debit, the order will be confirmed upon receipt of the SEPA Mandate by the RNC.
The User will then receive an email confirming his order as well as the corresponding invoice.
Article 4 - User Account
To access the paid Services offered by the CNR, the User must create a User account on the Site.
The User declares to be of legal age and to have the legal capacity to take out a Subscription on the Site or, in the event that he or she is acting on behalf of a legal entity, to place an order on his or her own behalf or on behalf of the entity he or she represents. In the event that he opens an account on behalf of a legal entity, the User undertakes to be duly authorised to subscribe to the Services.
As such, he will have to transmit the following information:
- Email address
- Mailing address
- If applicable, in the case of a company, the SIREN number as well as the VAT number.
The User will then have to set up a login and a password.
The user is solely responsible for the use of his password. It is up to him to take the appropriate and necessary measures to protect his data.
If the User loses his or her password, the User clicks on the "Forgotten password" box and receives a new password by email.
The User undertakes to provide accurate, up-to-date and complete information.
The User may, at any time, modify the above-mentioned information by going to the section «Modify my personal information.»
At the time of payment, the User must confirm his or her acceptance of these GTCS and the Site's TOS.
He will also have to fill in his bank details.
Article 5 - Prices
The prices of the paid Services are those in force on the day a Subscription is taken out or a Product is ordered. They are indicated on the Site in euros and include all taxes.
The prices displayed do not include, where applicable, the shipping costs which are indicated at the time of ordering a Product.
The price of the annual paying Subscription is a price applicable to the User on an annual basis.
The price of an API Subscription is invoiced on a monthly basis. The User has the possibility to subscribe to one or more CNR indices. The amount invoiced to the User will depend on the number of indices to which the User subscribes.
The price of the Products will be paid separately and as a lump sum. The price will vary according to the volume and technicality of the proposed publication.
Payments shall be made in advance, when the subscription in question is taken out and then each month or year, by direct debit for monthly and annual subscriptions, until termination of the subscription by the User or the RNC.
Article 6 - Terms of payment
Payment for orders is made by one of the following means:
- for a Product Order: payment is only made by credit card.
- for a Monthly subscription to an API: only by SEPA Direct Debit.
- for an Annual Subscription: it can be made, at the User's choice, by bank card or by SEPA direct debit.
For credit card payments, the following cards are accepted: Blue card, Visa, Mastercard.
If the User chooses to use the SEPA Direct Debit payment, he will have to download the SEPA Direct Debit Mandate at the time of payment and return it completed and signed, together with the User's bank statement, to the CNR at the following address Comité national routier - 8 rue Villa Bosquet - 75007 Paris. The Pay Services will then be put into service for the benefit of the User as from the effective implementation of the SEPA Direct Debit.
The Site is secure and allows effective protection of data related to the means of payment.
The invoice will be sent to the User by e-mail.
Invoices are issued upon receipt of the payment corresponding to the order of Products and the subscription of a paying Annual Subscription or API.
Invoices are issued on the 1st of each month for API Subscriptions levied monthly and on the anniversary of the subscription for annual subscriptions.
6.3 Late payment
In the event of a delay of more than 15 days in the payment of an invoice, the CNR reserves the right to suspend the provision of the Services until regularization. In the event that the invoice has still not been paid at the end of a new 15-day period, the CNR may, by any means, terminate access to the paid Services concerned by operation of law and without compensation for the User.
Any delay in payment shall give rise, without prior formal notice, to the application of late payment penalties at the rate of three times the legal interest rate, calculated per day of lateness.
In accordance with Article L.441-6 of the French Commercial Code, any late payment will also allow the CNR to apply to the User a flat-rate indemnity of forty (40) € per invoice concerned by the aforementioned late payment.
Notwithstanding the provisions of Article 1253 of the Civil Code, it is expressly agreed that in the event that several invoices are due and that the User makes a partial payment, the CNR shall be free to charge the said payment as it sees fit.
Article 7 - Duration
The duration of the annual Subscription to the Site's advanced functionalities is one year from the User's subscription.
The duration of an API Subscription is one month from the date of subscription by the User.
Except in the event of termination by the User, the Annual Subscription and the API Subscription are tacitly renewed for the same duration.
Article 8 - Delivery
The Product order made by the User will be delivered, by post, to the delivery address given in his personal information.
The CNR declines all responsibility in the event of any defect and/or delay in delivery attributable to the postal service.
Article 9 - Right of withdrawal
In accordance with Article L221-28 of the French Consumer Code, the User acknowledges and accepts that he has no right of retraction with regard to the subscription of an annual Subscription or a Subscription to an API, the provision of the Service starting on the day of the said subscription subject to his full payment.
With regard to Product orders, and in accordance with article L121-18 of the Consumer Code, the User has a period of 14 days from receipt of his order to retract his order, without having to provide any reason whatsoever.
The User shall inform the CNR by returning to the CNR the product in question accompanied by a return form that he can download from the "My Orders" section in his User account.
The User must return the order within the aforementioned 14-day period. He will bear the return costs. No request for refund or return will be considered after the expiry of this period.
The CNR will proceed to reimburse the User as soon as possible.
The CNR will use the same payment method as that used by the User at the time of his order.
Article 10 - Availability
In the event that the product ordered is no longer available after placing the order, the User will be informed by e-mail. His order will be automatically cancelled and, if he had actually paid his order, it will be refunded.
For the refund, CNR will use the same payment method as the one used by the User at the time of his order.
Article 11 - Intellectual Property :
The Site is an indissociable whole. The information contained therein is reserved for exclusively personal use and may not be reproduced, in whole or in part, or communicated to third parties for any reason whatsoever.
The CNR is the exclusive owner of all intellectual property rights relating to the content (such as text, graphics, visuals, sounds, images, photographs, domain name, logo(s)) appearing on the pages of the Site or has been granted licenses as such.
Likewise, it is the exclusive owner of the structure of the Site.
Any reproduction, representation, distribution or exploitation, of any nature whatsoever, in whole or in part, of the content of this site and on any medium or by any means whatsoever, for purposes other than personal use, is prohibited without the prior consent of the CNR.
Failure to comply with this prohibition constitutes an infringement within the meaning of Articles L.335-2 et seq. of the Intellectual Property Code, which may result in the civil and criminal liability of the infringer.
Article 12 - Limitation of liability :
The information contained in the Site is provided for information purposes only and the Services and the Site are provided as is. As such, they cannot engage the responsibility of the CNR, which gives no guarantee, explicit or implicit, and assumes no responsibility relative to the use of this information, the Services or the Site.
The User acknowledges that the CNR may not be held liable for any direct or indirect damage, and in particular material damage, immaterial damage, loss of data or programs, financial damage, resulting from access, impossibility of access or use of the Site or any sites linked to it or from the fact, in particular, of the interruption, suspension, modification or abandonment of the Site or one of its elements.
Par ailleurs, la responsabilité du CNR ne saurait être recherchée en cas d’inaccessibilité du Site notamment en période de maintenance ou en cas de force majeure.
In any event, if CNR's liability were to be recognized, hereunder, by a final decision of a competent court, the compensation that could be claimed from it would be expressly limited to the amount of sums received from the User by CNR, in respect of Paid Services, for the twelve (12) month period in progress at the time of the damage.
It is expressly agreed between the parties, and accepted by the User, that the stipulations of this clause will continue to apply even in the event of termination of the present contract by a court decision that has become final.
These provisions establish an allocation of risk between CNR and the User and the price of the Paid Services reflects this allocation as well as the limitation of liability described herein.
In addition, CNR does not guarantee the completeness, timeliness and relevance of the information disseminated on the Site.
The User is advised that CNR will provide any information that enables or facilitates the identification of any person who has violated the law or infringed on the rights of CNR or a third party at the request of an authority or jurisdiction, such as IP addresses and connection times.
In the event that the CNR's liability is judicially sought due to a breach by a User of its obligations, the CNR may call upon the latter as a guarantee.
The User acknowledges that he/she is solely responsible for the use of the Site, the information and the Services accessible via the Site.
Article 13 - Modification of general conditions and tariffs
CNR may modify these General Terms and Conditions of Sale and the prices of its Paid Services at any time by notifying the User by e-mail at least one month prior to the coming into force of such modifications.
The User who would refuse this modification will then have the possibility to cancel his account and/or subscriptions at no cost to him, this cancellation taking effect at the next subscription deadline. Otherwise, the new general terms and conditions of sale will come into force by right.
Article 14 - Termination
Either party may terminate the Annual Subscription or the Monthly Subscription to an API at the end of each current contract period for the service in question, within a period of at least 30 days before the expiry of the said current contract period.
To do so, the User will have to connect to his or her user account on the Site and terminate his or her subscription using the functionality provided for this purpose.
In the event that the CNR is responsible for the termination, the User shall be notified of such termination by means of an e-mail and/or postal mail of the CNR's choice.
Cancellation does not entail any refund of the price paid by the User.
Article 15 - Suspension or termination by the CNR
The CNR reserves the right to suspend a User's access to paid Services and/or terminate by operation of law, without notice or compensation, his subscription to the Services in the event of non-compliance by the User with these GTCS and the TOS, in particular in the event of non-payment.
Article 16 – Force majeure
Neither of the Parties may be held liable for any breach of its obligations under the Contract if such a breach results from a government decision, including any withdrawal or suspension of authorisations of any kind, a total or partial strike, whether internal or external to the company, a fire, a natural disaster, a state of war, a total or partial interruption or blockage of the telecommunications or electricity networks, an act of computer piracy or, more generally, any other event of force majeure with the characteristics defined by case law.
The Party ascertaining the event shall immediately inform the other Party of its inability to perform.
The suspension of obligations or lateness may under no circumstances be a cause for liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for lateness.
Article 17 - Invalidity - Invalidity
If one or more provisions in these general conditions of sale or use should prove to be invalid or unenforceable for any reason whatsoever, the other provisions shall remain fully applicable and retain their effects.
Article 18 - Applicable law
Both this Site and its paid Services and the terms and conditions of their use are governed by French law, regardless of the place of use.
If any of the provisions of these GTCS are deemed null or void by any authority or jurisdiction, it shall be deemed unwritten and shall not invalidate the other provisions, which shall remain in force.
Article 19 - Jurisdiction
Any dispute resulting from the use of this Site and the paid Services it offers or from the distribution of the information it contains will be under the exclusive jurisdiction of the Courts of Paris applying French Law.