General conditions of sale for the provision of online services to private consumers

Preamble

These general conditions of sale apply to all services provided on the Sea U Sun website.

The Sea U Sun website is a service of:

- the company Sea West

- located at: 442 CHEMIN DES TERRASSONNES, 83400 Tourettes

- URL of the site: https://www.sea-u-sun.fr

- email address: contact@sea-u-sun.fr

- phone: 0497211102

The customer declares to have read and accepted the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 - Content and scope


These general conditions of sale apply automatically to the following services: Online booking of maritime excursions.

They apply to the exclusion of all other conditions, and in particular those applicable for sales on the internet or through other distribution and marketing channels.

The sale is deemed to have been concluded on the date of acceptance of the order or on immediate purchase by the seller.

Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller.

The buyer declares to have read these general conditions of sale and to have accepted them before purchasing immediately or placing an order.


Article 2 - Pre-contractual information


Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the purchaser, who acknowledges having received them.

The following information is sent to the buyer in a clear and understandable manner:

- the essential characteristics of the service;

- the price of the service or the method of calculating the price and, if applicable, all additional costs of transport, delivery or postage and all other possible costs;

- the date or deadline at which the service provider undertakes to perform the service, regardless of its price, and any other contractual condition;

- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities;

- the modalities provided for handling complaints;

- the duration of the contract, when it is concluded for a fixed period, or the conditions for its termination in the event of a contract of indefinite duration;

- with regard to digital content any relevant interoperability of this content with certain hardware or software of which the trader is or should reasonably be aware.

The service provider must also communicate to the purchaser, or make available to him, the following information:

- legal status and form, contact details allowing rapid contact and direct communication with him;

- where applicable, the registration number in the trade and companies register or in the trades directory;

- for activities subject to an authorization regime, the name and address of the authority which issued it;

- for the service provider subject to value added tax and identified by an individual number in application of article 286 ter of the general tax code, his individual identification number;

- for the service provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted as well as the name of the order or professional body with which he is registered;

- any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or the guarantor as well as the geographical coverage of the contract or commitment.

Article 3 - Order


By order, it is necessary to understand any order relating to the services appearing on the prices of the salesman, and accepted by him, accompanied by the payment of the deposit possibly envisaged on the order form.

Any order, to be valid, must be established on the seller's order forms, available to customers in its stores.

Any order received by the seller is deemed to be firm and final.

It entails full adherence and acceptance of these general conditions of sale and obligation to pay for the products ordered.

The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except as provided for in article L.211-28 of the Consumer Code.


Article 4 - Quotation


For the services giving rise to the establishment of a preliminary estimate, the sale will be considered as final only after establishment of an estimate by the service provider and sending to the purchaser of the confirmation of the acceptance of the order.

The quotes drawn up by the service provider are valid for 6 months.

Article 5 - Performance of the service and termination of the contract


Unless expressly specific conditions specific to the sale, the performance of the service will be carried out within 2 days of receipt by the seller of an order in due form.

In the event of the seller's breach of his obligation to perform on the date or at the expiration of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract. , under the conditions of Articles L. 216-2 and L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if , after having ordered, under the same terms, the professional to provide the service within a reasonable additional time, the latter has not performed within this time.

The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

However, the buyer can immediately terminate the contract when the professional refuses to provide the service or when he does not fulfill his obligation to provide the service on the scheduled date, if this date or this deadline constitutes a condition for the buyer. essential of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.

The costs and risks associated with this operation are the sole responsibility of the service provider.

Except in cases of force majeure, the deposit paid with the order is automatically acquired and cannot give rise to any reimbursement.

Article 6- Exceptions to the withdrawal period

The 14-day withdrawal period does not apply to the situation (s) listed below:

- The service concerns leisure activities that must be provided on a specific date or period.

Cancellation of the order
In the event of cancellation of the order by the buyer, after acceptance by the seller, for any reason whatsoever except force majeure, a sum corresponding to 100% of the amount of the purchase will be acquired by the seller, as damages and interest, in compensation for the damage thus suffered.

Article 7 - Price


The prices are firm and final. Unless express specific conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order.

They are expressed in legal tender and stipulated all taxes included.


Article 8 - Payment

Unless otherwise expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.

A prepaid amount calculated according to the following terms: 50% of the amount, is required when placing the order by the buyer. Unless otherwise stipulated, for any contract of sale or provision of services concluded between a professional and a consumer, the sums paid in advance are a deposit, within the meaning of article 1590 of the civil code.
In this case, each of the contracting parties can reconsider its commitment, the consumer by losing the deposit, the professional by refunding them twice.

Payments made by the buyer will only be considered final after effective collection of the sums due by the service provider.

An invoice will be given to the buyer on request.

Article 9 - Guarantees - General

9-1 Legal guarantee of conformity

Sea West guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 2 years from the delivery of the goods to act;

- the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

- the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the good.

9-2 Legal warranty against hidden defects

In accordance with articles 1641 and following of the civil code, Sea West is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed in the sale of the good and are such as to make the good unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.


Article 10 - Intellectual property

All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Sea West, the sole holder of the intellectual property rights on these documents, and must be returned to it at its request.

Client buyers undertake not to make any use of these documents, which may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.


Article 11 - Competent court

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which would not have been able to be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.

For the definition of the competent court, the seller elects domicile at 442 CHEMIN DES TERRASSONNES, 83400 Tourettes.


Article 12 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.


Article 13 - Mediation

In the event of a dispute, the contact details of the mediator to whom the consumer can apply are as follows: MTV (Tourism and Travel Mediation),,,.

Article 14 - Applicable law

These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than or equal to € 10,000 or the district court for disputes whose amount is greater than € 10,000.

This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Article 15 - Protection of personal data

Data collected:

The personal data collected on this site are as follows:

- account opening: when creating the user's account, their name; first name; email address ; Phone Number ;

- connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location and payment data;

- profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number;

- payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;

- communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored;

- cookies: cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the conditions of use of the Payment Services;

- verification, identification and authentication of data transmitted by the user;

- offering the user the possibility of communicating with other users of the website;

- implementation of user assistance;

- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;

- management of any disputes with users;

- sending of commercial and advertising information, according to user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

- when the user publishes publicly accessible information in the free comment areas of the website;

- when the user authorizes the website of a third party to access his data;

- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;

- if required by law, the website may transmit data to respond to complaints against the website and to comply with administrative and legal procedures;

- if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.


Implementation of user rights

In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: contact@sea-u-sun.fr

· The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.

The right of rectification: if the personal data held by the website are inaccurate, they can request the updating of the information.

· The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.

The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.

The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.

· The right to portability: they can request that the website provide them with the personal data provided to it in order to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

Annex

Withdrawal form

(to be completed by the consumer,

and send by registered letter with acknowledgment of receipt,

within the maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal form

To the attention of :

Sea West,

located at 442 CHEMIN DES TERRASSONNES, 83400 Tourettes,

telephone number: 0497211102,

email address: contact@sea-u-sun.fr.

I hereby notify you of my withdrawal from the contract for the provision of the service, ordered on: .........

First and last name of the consumer: .................

Consumer address: .................

Date: ..................

Consumer's signature

 

Useful information

As the ship's capacity is limited to 12 passengers, we advise you to book as soon as possible to ensure a place on board our boat.

In the event of bad weather, the excursion may be canceled and the full amount refunded.

Sea You Sun

+33 (0)7 55 67 06 09 
Port de Santa Lucia, 83700 Saint-Raphaël.

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