Legal notice and terms of sale

• Publisher and Seller : Stardust Inc., SAS, share capital 100 €, 3 allée du Golf, 74160 Bossey, France, RCS Thonon-les-Bains 132 131 228. EU VAT number : FR92 132131228.
• Publication director : Charles Coutant, président.
• Contact : contact@stardust-inc.fr, +33 6 01 36 03 99.
• Hosting : Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723, USA.
• Accounts and trips : Supabase Inc., database hosted in Ireland, European Union.
• Payments : Stripe Payments Europe, Ltd. (Dublin, Ireland).

These general terms of sale (the “Terms”) apply, without restriction or reservation, to every sale made by the Seller, named in the legal notice above, to non-professional buyers (“the Customer”) wishing to buy the myTMB pass on the my-tmb.com website.

The myTMB pass is a digital service that helps prepare the Tour du Mont Blanc, available online on my-tmb.com and tied to the Customer’s account. It is sold for a one-off payment, with no subscription or automatic renewal. For the Customer’s account, it unlocks:

• the choice of starting point, direction, pace and route variants;
• the choice of stage ends and of accommodation for each night;
• creating and saving an unlimited number of trips;
• downloading GPX tracks for each stage and the full tour;
• the printable roadbook;
• sharing a plan by link, readable without an account by those who receive it.

Without the pass, the user gets a free preview: the classic tour from Les Houches, anticlockwise, with no variant, of which only the duration (4 to 12 days), the start date and the start time can be changed, with only the first stage shown in full, and one saved trip. The site’s guides and reading a shared plan remain free.

The information provided (track, accommodation, water points, altitudes, walking times) comes from open sources (OpenStreetMap, EU-DEM) and is given for guidance only; accommodation prices, opening dates and availability must be checked directly with each place. myTMB makes no accommodation or transport booking and provides no mountain guiding service.

The main features of the pass are described on my-tmb.com, which the Customer must read before ordering. Choosing and buying the pass is the Customer’s sole responsibility.

These Terms are available at any time on my-tmb.com and prevail over any other document. The Customer declares having read and accepted them by ticking the box provided for this purpose on the payment page, before confirming the order. Unless proven otherwise, the data recorded in the computer systems of the Seller and of its payment provider are proof of every transaction made with the Customer.

The pass is supplied at the price shown on my-tmb.com when the order is placed. The price is in euros, including taxes. VAT is the rate that applies in the Customer’s country of residence; it is worked out at payment and itemised on the invoice.

The price includes any discounts the Seller offers on the site. It is firm and cannot be revised for an order once placed; the Seller may change its prices at any time for future orders.

As the pass is supplied online, no handling, shipping or delivery fee is charged: the amount the Customer pays is the price shown. The Seller issues an invoice, sent to the Customer by email after payment.

The Customer orders the pass on my-tmb.com in the following steps:

1. Choosing the product. On the site, the Customer clicks “Unlock my tour” (on the home page or in the planner). A window presents the myTMB pass, what it includes and its price including taxes, with a link to these Terms.
2. Identification. A Customer who already has an account can sign in before ordering. Creating an account beforehand is not required: otherwise, one is created automatically for the email address given at payment. If an account already exists for that address, the pass is added to it and the Customer must sign in to it to use the pass.
3. Waiver of the right of withdrawal. In the same window, the Customer ticks a separate box asking for immediate access to the pass and expressly waiving the 14-day right of withdrawal (see article 7). The payment button stays inactive until this box is ticked.
4. Summary and acceptance of the Terms. On clicking “Unlock my tour”, the Customer is taken to the secure payment page of the provider Stripe. It sums up the order (product, price, applicable VAT) and takes the email address and payment details. There the Customer ticks the box accepting these Terms; payment cannot be confirmed without it.
5. Confirmation. The order is final as soon as the Customer confirms payment on the Stripe page; it entails an obligation to pay. The Seller keeps no bank details: they are handled by Stripe alone.
6. Activation and confirmation. Once payment is accepted, the Customer is brought back to the site and the pass is activated on their account at once. When the account was created with the payment, the Customer is signed in automatically and asked to choose a password. A receipt and an invoice are sent to the email address given. If a deferred payment method is used, the pass is activated as soon as payment is confirmed.
7. Error or abandonment. The Customer can leave the payment page at any time before confirming, without being charged; they then return to the page of the site they came from.

Every order placed on my-tmb.com forms a distance contract between the Customer and the Seller. The sale is valid only once the price has been paid in full. The Customer must check that the order is correct and report any error immediately.

The Seller may cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order. The Customer can see the status of their pass in their personal space (“My space”).

The pass is tied to a personal account, created by the Customer on the “My space” page (email address and password) or automatically at payment, for the email address given to Stripe. The Customer undertakes to give an accurate email address that they own, and to keep it up to date.

The Customer accesses their personal space with their email address and password, which are strictly personal. They must not disclose them; if they do, they alone are responsible for how they are used. The password can be reset at any time from the sign-in page.

The Customer can delete their account at any time from “My space”, or by writing to contact@stardust-inc.fr. Deleting the account deletes its trips and personal information, except for the billing data the Seller must keep (article 9); it ends access to the pass, with no refund.

If these Terms are not complied with, the Seller may suspend or close a Customer’s account after a formal notice sent by email has gone unheeded.

The price is payable in full on the day of the order, by secure payment: bank card, and any other payment method offered on the Stripe payment page.

Payment data is exchanged encrypted, using the protocol set by Stripe, a licensed payment provider. Payments are final only once the sums due have actually been received. The Seller is not bound to supply the pass unless the Customer pays its full price on these terms.

The pass is supplied online, on the Customer’s account, from any country where my-tmb.com can be reached. It is activated as soon as payment is confirmed, usually within seconds: supply consists in making the unlocked features available on the Customer’s account.

The pass does not expire: it covers every trip on the account for as long as myTMB is operated. Should the service close, the Customer would be told by email at least 30 days in advance, so as to download their GPX files and roadbooks.

If the pass is not activated after payment, the Customer writes to contact@stardust-inc.fr: the Seller activates it without delay or, failing that, refunds the Customer within 14 days, as the French Consumer Code provides.

The service may be briefly interrupted for maintenance or in a case of force majeure; such interruptions do not make the Seller liable.

The pass gives the Customer a personal, non-exclusive and non-transferable right to use the planner’s features for private use. The Customer may use the GPX files and roadbooks produced and share them with fellow hikers. This right is acquired only once the price is paid in full.

The Customer normally has 14 days to withdraw from a distance contract. This right cannot, however, be exercised for the supply of digital content not on a tangible medium whose performance has begun after the Customer’s prior express consent and express waiver of the right of withdrawal (French Consumer Code, article L221-28, 13°).

As the pass is activated immediately after payment, before paying the Customer ticks a box, separate from the acceptance of these Terms, asking for immediate access to the pass and expressly waiving the right of withdrawal. No order can be placed without this consent, whose date is kept with the payment. It is confirmed to the Customer on the invoice sent by email.

The contract is therefore final as soon as payment is confirmed.

The pass is covered by the legal guarantee of conformity of digital content and services (French Consumer Code, articles L224-25-12 and following) for as long as it is supplied. If it does not conform, the Customer is entitled to have it brought into conformity; failing that, or if this cannot be done within a reasonable time, they may obtain a price reduction or the cancellation of the contract, with a refund of the price.

To exercise these rights, the Customer informs the Seller in writing, at contact@stardust-inc.fr or at the postal address in the legal notice, of the defect found. Refunds are made as soon as possible, and within 14 days of the Seller acknowledging the defect at the latest, to the payment method used for the order.

The Seller cannot be held liable:

• for the accuracy of data from open sources (track, accommodation, prices, opening dates, water points, altitudes, walking times), given for guidance only;
• for conditions on the ground: the mountains are a committing environment, and the planner does not replace the Customer’s judgement, official information or the advice of mountain professionals;
• in case of misuse of the service or use for professional purposes;
• in a case of force majeure.

The photographs and graphics shown on the site are not contractual. The Seller’s guarantee is in any event limited to bringing the pass into conformity or refunding its price.

Collecting the Customer’s personal data is necessary to sell and supply the pass. This data is gathered only to perform the contract and run the service.

9.1 Data collected

• Account : the email address, the password (stored hashed, never readable by the Seller) and the site language.
• Trips : the settings, stages, accommodation, dates and notes the Customer saves in the planner.
• Payment : card details are entered and processed by Stripe, never by the Seller. The Seller keeps the date and amount of the payment and the Stripe transaction ID; Stripe keeps on its behalf the email address, the billing information (country, and where given name, address and VAT number), the invoice and the date of the waiver of the right of withdrawal.

9.2 Recipients

The data is for the Seller’s use only. It is processed on its behalf by its technical subcontractors, solely to provide the service: Vercel (site hosting, USA), Supabase (accounts and trips, Ireland, European Union) and Stripe (payment). Transfers outside the European Union are covered by the European Commission’s standard contractual clauses. The data is never sold or passed on.

9.3 Data controller

The data controller is the Seller, Stardust Inc., SAS, 3 allée du Golf, 74160 Bossey, France, within the meaning of Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act. Contact: contact@stardust-inc.fr.

9.4 Limits on processing

Unless the Customer expressly agrees, their data is not used for advertising or marketing. If they have agreed, they can withdraw their consent at any time by writing to the Seller or with the unsubscribe link in each email.

9.5 Retention

Account data and trips are kept until the account is deleted. Order data is kept for 5 years, the limitation period for contractual liability, and invoices for 10 years, as the law requires, even after the account is deleted.

9.6 Security and confidentiality

The Seller takes organisational, technical, software and physical measures to protect personal data against alteration, destruction and unauthorised access. As the Internet is not a fully secure environment, however, the Seller cannot guarantee the security of information sent or stored over it.

9.7 The Customer’s rights

The Customer has the following rights over their data:

• updating it, or deleting their account, from “My space”;
• accessing it, and having it corrected or erased;
• asking for it to be ported to another provider;
• objecting to its processing, or asking for processing to be restricted.

These rights, as long as they do not conflict with the purpose of the processing, are exercised by email to contact@stardust-inc.fr or by post to the Seller’s address. The Seller replies within one month at most; any refusal is reasoned. The Customer may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris, cnil.fr) or go to court.

The content of my-tmb.com (text, illustrations, software, layout) belongs to the Seller and its partners and is protected by French and international intellectual property law. Any reproduction of all or part of it, beyond the use allowed in article 6, is strictly forbidden and may amount to infringement.

The geographic data comes from OpenStreetMap (© OpenStreetMap contributors, ODbL licence) and EU-DEM (Copernicus programme), and remains under their own licences.

These Terms and the transactions arising from them are governed by French law. They are written in French; where they are translated into one or more other languages, only the French text is binding in a dispute.

For any complaint, the Customer contacts the Seller at contact@stardust-inc.fr or at the postal address in the legal notice.

Failing an amicable solution, the Customer may refer the matter free of charge to the consumer mediator the Seller belongs to: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, www.cm2c.net, secretariat@cm2c.net. They may also use any other alternative dispute resolution (conciliation, for example).

Disputes not settled amicably or through mediation are brought before the competent courts under the ordinary rules.

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