General Terms of Use of Médiamétrie’s Online Store website
Welcome to the website which can be accessed at the following URL www.onlinestore.mediametrie.com.
This website is dedicated to the sale of studies of MEDIAMETRIE and MEDIAMETRIE//NETRATINGS, hereinafter “MEDIAMETRIE”. Please read these General Terms of Use (“General Terms of Use”) carefully which govern navigation on the www.onlinestore.mediametrie.com website (“the Website”).
Any access to the Website, and/or any search carried out on the said Website, and/or any use of the said Website and/or any purchase of a Study on the Website by the User constitute unreserved acceptance of the General Terms of Use.
1/ Legal notices
The Website is published by MEDIAMETRIE, a French Société Anonyme (limited company) with capital of EUR 14,880,000, whose registered office is located at 70, rue Rivay, 92532 Levallois Cedex, registered in the Trade and Companies Register of Nanterre under number B 333 344 000.
The Website is hosted by Shopify International Limited, a simplified joint stock company, registered in Ireland under number 560279, at Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. Intra-Community VAT number: IE 3347697KH.
2/ Definitions
For the purposes of these General Terms of Use, the words below, singular or plural which begin with an uppercase letter, shall have the following meanings.
Order: means the purchase of a Study by the User after acceptance of the General Terms and Conditions of Sale.
General Terms of Use or ToU: means these terms applicable to the User when using the Website.
General Terms and Conditions of Sale: means the conditions applicable to the purchase of each Study on the Website.
Personal Data: means all personal information collected that identifies the User, directly or indirectly. In particular, these information include identification data (first and last name), contact data (the User’s email address), usage data (IP address, cookie identifier, advertising identifier, User Agent). MEDIAMETRIE’s Privacy Policy (available at the following link: https://www.mediametrie.fr/fr/la-protection-des-donnees-personnelles-chez-mediametrie) applies unconditionally to the processing of Personal Data by MEDIAMETRIE, except in cases governed by special provisions.
Study: refers to the services offered for sale by MEDIAMETRIE on the Website.
Website: means the website accessible at www.onlinestore.mediametrie.com.
User: means any natural person who navigates on the Website and/or purchases a Study on the Website.
3/ Purpose
The General Terms of Use aim at defining the terms and conditions of use of the Website by the User.
Any access and/or use of the Website implies unconditional acceptance and compliance with all the conditions of the General Terms of Use by the User.
The User therefore confirms that he/she has read and understood all the General Terms of Use before using the Website. Acceptance of the General Terms of Use excludes the application of any provision to the contrary regarding its purpose. The General Terms of Use shall take precedence under all circumstances.
Acceptance of the General Terms of Use by the User shall constitute the agreement between the User and MEDIAMETRIE and, where applicable, shall supersede all agreements previously concluded between the User and MEDIAMETRIE.
Should the User not wish to accept all or part of the General Terms of Use, he/she is asked to waive the possibility of using the Website.
The User is informed that MEDIAMETRIE may update the General Terms of Use at any time.
The General Terms and Conditions of Sale which apply to each Study are available on the Website. They are brought to the User’s attention who must accept them when making any purchase.
4/ Access to the Website
The Website is accessible free of charge to any User with Internet access. All costs related to access to the Website, whether these are hardware, software or Internet access costs, are at the User’s sole expense.
They are also solely responsible for the proper operation of their IT equipment and access to the Internet.
MEDIAMETRIE uses all reasonable means at its disposal to ensure good quality access to the Website but has no obligation to do so.
MEDIAMETRIE may not, moreover, be held liable for any malfunction of the Internet network or servers or any other event beyond its reasonable control, which prevents or degrades access to the Website.
MEDIAMETRIE reserves the right to interrupt, temporarily suspend or change without notice access to all or part of the Website, for maintenance or for any other reason, without the said interruption giving an entitlement to any obligation or compensation.
5/ User acceptance of the General Terms of Use
By navigating on the Website, the User acknowledges and unreservedly agrees that these General Terms of Use are applicable and govern the relationship between MEDIAMETRIE and the User.
6/ Price and conditions of validity
The prices of the Studies sold on the Website are indicated per Study and are excluding taxes (excl. tax). Applicable taxes will be added at the time of payment of the Study.
The invoicing terms are specific to each Study and are specified in the General Terms and Conditions of Sale.
7/ Steps for concluding the sale of a Study
Add the Study/Studies ordered to the shopping cart
In the Cart, enter your VAT number. Then, complete the order form with the name of the User’s company, the User’s first and last name, the business email address and the postal address of the User’s company
Check the elements of the Order. Identify and correct any errors made on entering the information
Confirm acceptance of the General Terms and Conditions of Sale and confirm the Order by clicking on “Pay my Order”
Follow the instructions of our Click & Pay Crédit du Nord payment server partner to settle the Order. The price of the Study/Studies ordered is debited from the bank account entered
Receipt by electronic means of an acknowledgement of receipt considered to be confirmation of the Order
Receipt of the ordered Study
The banking information entered when making payment is collected by Crédit du Nord.
8/ Secure payment
Payment of the User’s Order(s) is made by payment card or by multiple debits.
With regard to payment by payment card (CB, Visa, Mastercard, etc.), Crédit du Nord alone, via its secure area, has knowledge of the User’s banking information. This information does not in any way pass through the www.onlinestore.mediametrie.com website.
For this purpose, the User confirms that the company to which they belong is the holder of the payment card to be debited and then communicates in a secure environment on the site of our payment partner, Crédit du Nord, the sixteen-digit number and expiry date indicated on the front of the payment card and, if applicable, the digits of the security cryptogram on the back of the payment card.
In order to provide additional security for online payment by payment card, this payment will benefit from the 3D Secure programme.
The aim of this programme is to combat fraud by asking the User who wishes to make a payment on the Internet to identify himself/herself when paying by payment card on the e-merchant’s website.
During the transaction, the cardholder is directed to a page of their bank and enters a data item that it can verify.
This security is materialised by the presence of the “Verified by VISA” or “MasterCard SecureCode” logos.
9/ User’s obligations
The User hereby undertakes to:
Comply with the General Terms and Conditions of Sale of each Study which he/she wishes to acquire;
Comply with the General Terms of Use;
Respect all the elements of Intellectual Property contained in the Website and not misuse them, in accordance with the provisions of the Intellectual Property article.
The User is responsible for taking all necessary measures to protect his/her own data against any infringement and in particular to prevent unauthorised disclosure of them to third parties.
The User undertakes, in general terms, to comply with all the regulations in force in France.
10/ Intellectual property
All information contained on the Website and, more generally, all distinctive signs including, in particular, the MEDIAMETRIE trademark, the MEDIAMETRIE logo, the MEDIAMETRIE visuals, pictograms, images and videos are made available to the User for information only. It may not, under any circumstances, be construed as a licence or commercial offer.
This information is protected by intellectual property rights and is MEDIAMETRIE’s exclusive property.
Any unauthorised reproduction of the MEDIAMETRIE trademark, logo or distinctive signs is infringement punishable by criminal penalties. The offender is subject to civil and criminal penalties, including the penalties provided for in Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.
Similarly, the User shall refrain from making any unauthorised reproduction of licensed materials whose use is granted to MEDIAMETRIE by the rights holders for operation and use of the Website.
In this regard, the User indemnifies MEDIAMETRIE against all proceedings brought by the rights holders against MEDIAMETRIE based on any infringing use by the User of their copyright.
In particular, the User undertakes to pay any sums resulting from proceedings brought by a rights holder against MEDIAMETRIE resulting from infringing use by the User, including lawyer's fees and legal expenses.
11/ Personal Data
MEDIAMETRIE takes care to ensure Personal Data are protected and undertakes to comply with the General Data Protection Regulation No. 2016/679/EU of 27 April 2016 which entered into force on 25 May 2018 (hereinafter “the Regulation”), with the Data Processing and Freedoms Act No. 78-17 of 6 January 1978, as amended, and to its future decrees or implementing orders (hereinafter referred to together as “the Regulation”).
In accordance with Article 32 of the Regulation, MEDIAMETRIE undertakes to implement appropriate technical and organisational measures to ensure the Personal Data it processes are adequately secured and, in particular, to prevent them from being destroyed, lost, distorted, disclosed or damaged, or unauthorised third parties from having access to them.
The Website’s hosting company, Shopify International Limited, collects Personal Data about the User, and in particular the User’s business email address, IP address, and cookie ID. Certain so-called “technical” cookies are also recorded, in order, in particular, to save the User’s shopping cart or analytical cookies which allow the number of unique visitors to be counted.
The recipients of the User’s personal data are Shopify International Limited and its partners (https://www.shopify.com/legal/cookies).
In accordance with the Regulation, the User has a right of access, rectification, restriction, portability and erasure of their Personal Data with regard to the company MEDIAMETRIE. The User may also, for legitimate reasons, object to the processing of their personal data; in this case, their objection may result in them forgoing use of the Website.
The User may assert his/her Personal Data rights by directly contacting MEDIAMETRIE via the following e-mail address: dpo@mediametrie.fr
Processing of the User’s Personal Data is governed by the MEDIAMETRIE Privacy Policy available via the following link: https://www.mediametrie.fr/fr/la-protection-des-donnees-personnelles-chez-mediametrie
12/ Term and termination
The General Terms of Use apply to any User from the moment he/she browses on the Website.
13/Force majeure
MEDIAMETRIE may not be held liable for any non-performance of any of its obligations if such non-performance results from a case of force majeure or a fortuitous event making it impossible, temporarily or definitively, to perform its obligations under Article 1218 of the Civil Code and according to the definition adopted by French case law.
14/ Liability
MEDIAMETRIE shall in no event be liable, to the extent of applicable law, for any damage and/or harm, direct or indirect, material or immaterial, or of any kind, resulting from the unavailability of the Website or any use of it. The term “Use” shall be understood broadly, i.e. any use of the Website of any kind, whether lawful or otherwise.
The User shall be responsible for his/her Use of the Website and shall indemnify MEDIAMETRIE against any harmful consequences directly or indirectly related to the infringing use he/she may make of the Website.
15/ General provisions
The User acknowledges being informed of the particular risks related to the specificities of the Internet and networks, and in particular of the fact that information relating to his/her Personal Data may be recorded and/or transferred, particularly to countries outside the European Union.
MEDIAMETRIE reserves the right to modify, delete and update the General Terms of Use at any time in order to adapt them to changes to the Website and/or its operation. All changes to the General Terms of Use will be published on this page. We therefore request you read them regularly.
These General Terms of Use are governed by French law. Any dispute relating to their validity, interpretation or performance, after failure of an attempt at conciliation, shall be referred to the competent courts.
16/ Contact
The User may contact MEDIAMETRIE, to submit any question or complaint relating to the Website, by email, in the “Contact” section of the Website.
Effective date: 1 April 2021