Terms & Conditions
DEFINITION OF PARTIES
Between SUPERS EVENTS,
Ex & Co Buro - 1185 Chemin des Campelières, 06250, MOUGINS
with a share capital of €20,000,
registered with the Registre du Commerce et des Sociétés de Cannes,
under SIREN number 845 133 792,
represented by Stevens Jallet
as Chairman,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form on the contact page of the site.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the individual or legal entity purchasing the company's products or services,
Hereinafter referred to as "the Buyer", or "the Customer".
On the other hand,
PREAMBLE
The Vendor is a publisher of products and services marketed through its website (https://www.nomadcatamaran.com). The list and description of goods and services offered by the Company can be consulted on the aforementioned site and its sales pages.
ARTICLE 1 - PURPOSE
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
ARTICLE 2 - GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products or Services made through the Company's website and form an integral part of the Contract between the Buyer and the Seller. The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GCS applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company's website at the following address: https://www.nomadcatamaran.com/conditions-generales-de-vente . The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she validly represents the individual or legal entity for which he/she is contracting. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 - PRICES
The prices of products and services sold through this website are indicated in euros, inclusive of all taxes (VAT + any other taxes), and are precisely determined on the order page, and exclude specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Vendor. The purchaser will be responsible for these costs (declarations, payment to the relevant authorities, etc.). In this respect, the Vendor invites the purchaser to obtain information on these aspects from the relevant local authorities. The Company reserves the right to modify its prices at any time in the future. Any telecommunication costs incurred in accessing the Company's websites shall be borne by the Customer. Delivery charges may also apply.
ARTICLE 4 - CONCLUSION OF ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Vendor in order to complete the order or reservation. However, the steps described below are systematic: - Information on the essential characteristics of the Product or Service; - Choice of the Product or Service and, where applicable, its options, and indication of the Customer's essential data (identification, address, etc.); - Acceptance of these General Terms and Conditions of Sale. - Check order elements and correct any errors. - Follow-up of payment instructions, and payment for product(s) or service(s). - Delivery of products where applicable. The Customer will then receive an e-mail confirming payment for the order, as well as an order acknowledgement confirming receipt of the order. For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse an order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 - PRODUCTS AND SERVICES
All services on this site are subject to weather conditions and may be cancelled by the seller. The latter undertakes to postpone the service or refund the Customer in full in the event of the subsequent unavailability of one or both parties. The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website. The customer confirms that he has received a detailed breakdown of delivery costs, as well as the terms of payment, delivery and performance of the service. The Vendor undertakes to honour the Customer's order within the limits of available stocks only. If this is not the case, the Vendor will inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the sales pages of the products, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds may be requested by contacting the Seller by email or letter.
ARTICLE 6 - RETENTION OF TITLE CLAUSE
Products remain the property of the Company until full payment has been received.
ARTICLE 7 - PRODUCT DELIVERY TERMS
Products are delivered to the delivery address indicated when the order was placed and within the delivery time indicated. This time does not include the time required to prepare the order. When the customer orders several products at the same time, these may have different delivery times and be delivered using different methods. The Vendor provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure that the order is followed up. The Vendor reminds you that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer.
ARTICLE 8 - AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to our suppliers' available stocks.
ARTICLE 9 - PAYMENT
Payment for services is due online and must be made before the start of the service. For products, payment is due immediately upon ordering, including pre-ordered products. The customer may pay by credit card or bank transfer. Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted in accordance with the state of the art and cannot be read as it travels over the network. Once payment has been made by the Customer, the transaction is immediately debited after the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his bank details at the time of sale, the Customer authorizes the Vendor to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.
ARTICLE 10 - PRODUCT WITHDRAWAL PERIOD
In accordance with article L. 221-18 of the French Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods". "The period referred to in the previous paragraph runs from receipt of the products. The right of withdrawal may be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the cost of shipping will be reimbursed. The cost of returning the product(s) remains the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they should be accompanied by a copy of the purchase receipt.
ARTICLE 11 - CANCELLATION CONDITIONS SERVICES
In the event of cancellation more than 48 hours before the start of a tour or 72 hours before the start of a privatization, the customer will be reimbursed in full by the same means used to make the reservation within a few days of confirmation by the Vendor.
In the event of cancellation more than 24 hours before the start of a tour or 48 hours before the start of a privatization, the customer will be reimbursed in the form of a credit note to be used as a gift voucher on the website in order to schedule a new reservation within 18 months.
ARTICLE 12 - WARRANTIES
In accordance with the law, the Seller assumes two warranties: of conformity and of hidden defects. The Vendor will reimburse the purchaser or exchange products that appear to be defective or do not correspond to the order placed. Requests for reimbursement must be made by contacting Le Veneur by email or by letter. The Seller points out that the consumer: - has a period of 2 years from delivery of the goods to take action against the Seller - may choose between replacement and repair of the goods, subject to the conditions set out in the above provisions. apparently defective or not corresponding - that he is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. - that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer may also invoke the warranty against latent defects in the item sold under article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the purchase price (provisions of article 1644 of the French Civil Code).
ARTICLE 13 - COMPLAINTS
If necessary, the Buyer may submit any complaint by contacting the company by e-mail or by letter.
ARTICLE 14 - INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any purpose whatsoever is strictly prohibited.
ARTICLE 15 - FORCE MAJEURE
The performance of the seller's obligations hereunder shall be suspended in the event of a fortuitous event or force majeure which prevents performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 16 - INVALIDITY AND AMENDMENT OF THE CONTRACT
Should any of the stipulations of the present contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.
ARTICLE 17 - RGPD AND PERSONAL DATA PROTECTION
The personal data collected on the www.supers.fr website is solely related to the Buyer's civil status (surname, first name, address, telephone number and email address), no other data is collected.
This information is recorded in a computerized file by SUPERS EVENTS. They enable the order or reservation to be carried out. They may also be used for any communication campaigns concerning the Vendor's new products and services. The data collected is intended for SUPERS EVENTS and will not be communicated to third parties under any circumstances.
In accordance with the European regulation on the protection of personal data, you have the right to query, access, modify, oppose and rectify your personal data.
Visit cnil.fr for more information on your rights. To exercise these rights or if you have any questions about the processing of your data in this system, please let us know via the contact form, select the subject "privacy policy" and send us your request by email, specifying your contact details.
By agreeing to these terms and conditions, you consent to our collection and use of this data for the purpose of fulfilling this contract.
ARTICLE 18 - APPLICABLE LAW
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.
Sample withdrawal form
Note: Article L. 121-17, I, 2º of the French Consumer Code and appendix to article R. 121-1 of the French Consumer Code.
Please complete and return this form only if you wish to withdraw from the contract and if you have a right of withdrawal (see reverse).
Attention SUPERS EVENTS - Ex & Co Buro - 1185 Chemin des Campelières 06250 Mougins ; info@supers.fr
I (or We) hereby notify you of my (or our) withdrawal from the contract for the sale of the goods (or for the provision of the service) below:
- ordered on ... (or received on ....)
- name of consumer(s): ....
- address of customer(s): ....
Date (for obvious reasons of proof, and contrary to the regulatory model, here the choice has been made to mention the date.
above the signature):
Signature of consumer(s)
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