Terms and Conditions of Sale

Purpose

These Terms and Conditions of Sale (the “Terms”) govern the sale of digital products (GPS tracks, e-books, travel logs, roadbooks, PDF guides, etc.) offered by Sophie Boutorine through the DefIntoTheWild website.

Any order implies the customer’s full and unreserved acceptance of these Terms.

Products

The products sold are downloadable digital files, for personal use only (PDF, GPX formats, etc.).

Any reproduction, modification, distribution or resale without prior written consent is prohibited and liable to prosecution.

Order

Orders are placed through the online sales platform.

Once payment has been made and validated, the download link is sent automatically to the e-mail address provided at the time of the order.

Prices and payment

Prices are displayed in euros, inclusive of all taxes.

Payment is made online through a secure payment solution.

Delivery

Products are delivered electronically, immediately after payment, in the form of a download link.

In the event of non-receipt or a technical problem, please contact: contact@defintothewild.com.

Right of withdrawal

In accordance with Article L221-28 of the French Consumer Code (Code de la consommation), the right of withdrawal does not apply to digital content supplied immediately after payment.

By completing the purchase, the customer expressly agrees to waive this right.

Nature and scope of the products

The roadbooks, GPS tracks, travel logs, guides and content offered are documents of a purely informative and documentary nature.

They describe routes travelled on a given date and under specific conditions (weather, track condition, regulations in force at that time).

They constitute neither personalised advice, nor a guiding service, nor any form of supervision, nor any guarantee of practicability, safety, legality or accessibility of the routes described.

They cannot replace the user’s own judgement, experience, preparation and vigilance; the user remains the sole decision-maker in the field. The products are provided “as is”, without any warranty of fitness for a particular purpose.

No authorisation: a roadbook is not a pass

Purchasing and using a product grants no right of way, no access authorisation, no permit and no pass of any kind.

The presence of a route within a product in no way implies that it is open, authorised, safe or legally passable at the time of use.

The user is solely and personally responsible for obtaining in advance all necessary authorisations: access to private land, tracks or trails that are regulated or closed to motorised traffic, nature reserves and protected areas, military or border zones, private property, specific permits, customs and transit formalities, etc.

Entering a prohibited or regulated area is the sole responsibility of the user, including under criminal and administrative law.

User’s responsibility

The user expressly acknowledges that they travel under their sole and entire responsibility, at their own risk. In particular, and without limitation, it is their responsibility:

• to assess their own physical abilities, experience and the suitability of their vehicle for the intended route;
• to prepare, equip, maintain and check their vehicle;
• to take out all appropriate insurance (vehicle, personal injury, civil liability, assistance, repatriation);
• to obtain information, before and during the trip, on the weather, health, safety, customs and regulatory conditions in force;
• to make alone every decision regarding navigation, commitment, crossing or turning back in the field.

Any decision made on the basis of a product is at the user’s free will and sole responsibility. The well-being and safety of any passenger, companion or animal travelling with the user are likewise their sole responsibility.

Precedence of local law

In all circumstances, the local legislation in force takes precedence over the content of the products.

The user is solely responsible for complying with the laws, regulations, highway codes, environmental regulations, access restrictions and prohibitions, traffic rules, and entry and stay formalities applicable in all the territories crossed.

In the event of any contradiction between the content of a product and local regulations, the latter shall prevail. The fact that a route appears in a product cannot be invoked to justify any breach of a local rule.

Accuracy and changes to information

The information contained in the products is provided for guidance only and reflects a situation observed on a given date.

Tracks, trails, bivouac spots and traffic conditions change constantly: weather, erosion, landslides, floods, works, administrative closures, regulatory changes, etc. No guarantee of accuracy, completeness or currency is given.

GPS tracks may contain inaccuracies inherent in geolocation technology and map data; they must never be the sole means of navigation. The user undertakes to systematically cross-check the information with official, local and up-to-date sources, and to carry independent means of navigation and rescue.

Limitation and exclusion of liability

To the fullest extent permitted by applicable law, Sophie Boutorine / DefIntoTheWild may not be held liable for any direct or indirect, material or immaterial damage of any kind whatsoever (including, without limitation: damage to the vehicle, equipment or property, financial loss, additional costs, delays, immobilisation, breakdown, towing or repatriation costs, moral prejudice, fines or penalties), arising from:

• the use, interpretation or impossibility of using the products;
• errors, inaccuracies, omissions or obsolescence of the information provided;
• the closure, modification, prohibition or dangerousness of a route;
• any incident, accident, breakdown, damage or event occurring before, during or after the trip.

The user waives, to that same extent, any claim against Sophie Boutorine / DefIntoTheWild in this respect.

This clause applies within the limits provided by law. In accordance with French law, it cannot exclude the publisher’s liability in the event of gross or wilful misconduct, nor in the event of harm to the physical integrity of persons; such cases remain governed by ordinary law (Articles 1231-1, 1240 et seq. of the French Civil Code / Code civil).

In any event, and to the extent permitted by law, the liability of Sophie Boutorine / DefIntoTheWild, should it be incurred, shall be limited to the amount actually paid by the customer for the product concerned.

Force majeure

The liability of Sophie Boutorine / DefIntoTheWild cannot be incurred in the event of non-performance or delay attributable to a case of force majeure as defined in Article 1218 of the French Civil Code (Code civil) and by case law (including natural disaster, exceptional weather, conflict, administrative decision, technical failure, failure of communication or payment networks, etc.).

Intellectual property

All products, content, texts, visuals, tracks and digital files are the exclusive property of Sophie Boutorine.

The purchase grants only a personal, non-commercial right of use. Any reproduction, distribution, sharing, posting online or resale, in whole or in part, without prior written consent, is prohibited and liable to prosecution under the French Intellectual Property Code.

Personal data

The information collected is necessary to process orders and remains strictly confidential.

In accordance with the GDPR, you have the right to access, modify and delete your data. To exercise it, contact us at contact@defintothewild.com.

Severability

Should any clause of these Terms be declared null, unfair or unwritten under any legal or regulatory provision, the remaining clauses shall retain their full force and effect.

Governing law and disputes

These Terms are governed by French law.

In the event of a dispute, an amicable solution will be sought as a priority. In accordance with the French Consumer Code, the consumer may use a consumer mediator free of charge.

Failing an agreement, the competent courts shall be those of the company’s registered office (Grasse, France), subject to the public-order rules applicable to consumers.

Consumer mediation

In accordance with the provisions of the French Consumer Code (Code de la consommation) concerning the “consumer dispute mediation process”, after contacting us and failing a response that satisfies you, you may use a consumer mediation procedure free of charge with: