1.1. These General Terms and Conditions of Sale (hereinafter '' GTCS '') are offered by the company Data Session (hereinafter '' The Company ''), SAS with a capital of 20,000 euros, registered with the Chambery Trade and Companies Register under number 853204097, represented by Florent Palach, whose registered office is located at 334 Rue Nicolas Parent, 73000 Chambéry, France.
1.2. His non-surcharged telephone number is 0481680906, and his e-mail address is email@example.com.
1.3. The company is the owner and publisher of the website https://www.ski-family.fr/fr/ (hereinafter '' the '' Website ''). The website is hosted by Scalingo, SAS, domiciled at 15 Avenue du Rhin, 67100 Strasbourg, France, reachable at 01010101. The director of publication is Florent Palach.
1.4. The Website offers to the Customer (hereinafter ''the Customer'') the possibility of booking ski lessons (hereinafter ''services'').
1.5. Before any use of the Website, the Customer must ensure that he has the technical and computer resources to use the Website and to order the services on the Website, and that his browser allows secure access to the Website. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
2.1. The purpose of these GTC is to define all the conditions under which the company markets the services as offered for sale on the Website to Customers. They therefore apply to any Order (hereinafter ''Order'') for services done on the Website by the Customer.
2.2. The Customer declares that he has read and accepted these Terms and Conditions of Sale before placing his Order.
2.1. The purpose of these GTCS is to define all the conditions under which the company markets the services as offered for sale on the Website to Customers. They therefore apply to any Order (hereinafter ''Order'') for services done on the Website by the Customer.
2.4. Any condition against imposed by the Client would therefore, in the absence of express acceptance, be unenforceable against the company, regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not prevail over itself of any provision of these GTCS at a given moment cannot be interpreted as a waiver of subsequently availing itself of any provision of these GTCS at a later date.
The compagny reserves the right to correct the content of the Website at any time.
3.1. The Customer selects the service(s) he wishes to purchase, and can access to the summary of his Order at any time.
3.2. The summary of the Order presents the list of the service(s) that the Client has selected, and includes any additional costs such as the delivery price in addition to the price of the service(s) of the Order. The Customer may modify his/her Order and correct any errors before accepting the Order.
3.3. After having accessed to the summary of his Order, the Customer confirms the acceptance of his Order by ticking the GTCS validation box, then by clicking on the Order validation icon. The words ''Order with obligation to pay'' or a similar unambiguous wording shall appear next to the Order confirmation icon to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.4. After acceptance of the GTCS and validation of the Order with obligation of payment, the contract is validly concluded between the company and the Customer and binds them irrevocably.
3.5. After validating his Order and in order to proceed with payment, the Customer enters the contact details to which he wishes to receive the service(s), and the invoicing details if they are different. The process for receiving the service(s) is described in ARTICLE 5 of these GTCS.
3.6. The company then send him/her an Order confirmation by email, including the details of the summary of the Order and the delivery and, where applicable, invoicing addresses provided.
3.7. After validating his delivery and, where applicable, invoicing details, the Customer proceed to pay for his Order in accordance with the terms and conditions specified below.
4.1. The prices are mentioned on the Website in the descriptions of the services, in euros and duty-free and all taxes.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these GTCS, validates his Order, provides and validates his delivery and, where applicable, invoicing details and proceeds with payment. This total amount is indicated all taxes included.
4.3. The Order for services on the Website is payable in euros. Full payment must be made by the Customer by credit card on the day of the Order, unless special conditions of sale are expressly accepted by the Customer and the company.
4.4. In the case of payment by credit card, the Website uses the security system of Stripe, a service provider specialising in online payment security. This system guarantees the Customer the total confidentiality of his or her banking information. The bank card transaction carried out between the Customer and the secure system is therefore entirely encrypted and protected. The Customer's bank details are not stored electronically by the company.
4.5. The Customer guarantees to the Company that he has the necessary authorisations to use the payment method when placing the Order.
4.6. The company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum of money due by the Client to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the website and the payment of an Order .
5.1. The service(s) is (are) automatically delivered to the Customer as from the validation of his Order.
5.2. The Customer must ensure that the information communicated when placing his Order is correct.
5.3. The company shall also not be liable if the non-receipt of the services is due to the fact of a third party outside of its intervention or in the event of theft.
6.1. For any request for information, clarification or complaint, the Customer must contact, as a priority, the company's Customer Service department, so that the latter can try to find a solution to the problem.
6.2. The company's Customer Service is accessible from 8am - 8pm Monday to Sunday using the following contact details:
- Téléphone number : 0481680906
- email : firstname.lastname@example.org
courrier : 334 Rue Nicolas Parent, 73000 Chambéry, France
7.1. The Customer commits him/herself to respect the terms of these GTCS.
7.2. The Customer commits to use the Website and the services in accordance with the company's instructions.
7.3. The Customer agrees that he shall use the Website only for his own personal use, in accordance with these GTCS. In this respect, the Customer agrees to refrain from :
- To use the Website in any illegal manner, for any illegal purpose or in any manner inconsistent with these Terms and Conditions.
- To sell, copy, reproduce, rent, lend, distribute, transfer or concede sub-licence all or part of the content appearing on the Website or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Website.
- Attempt to obtain unauthorised access to the Website's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Website.
- To use the Website for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorised access to the Website.
- To infringe the company's intellectual property rights.
- To denigrate the Website
7.4. If, for any reason, the company considers that the Customer is not complying with these GTCS, the company may at any time, and at its sole discretion, withdraw its access to the Website and take any measures, including any civil and criminal legal action against it.
8.1. In accordance with Articles L.221-18 and next of the French Consumer Code, the Customer has a period of 14 days from the validation of his Order on the Website to exercise his right of withdrawal from the company, without having to justify his reasons or pay any penalty.
8.2. All products/services may be retracted, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° The provision of services which have been fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal ;
2° The supply of goods or services whose price depends on fluctuations on the financial market which are beyond the control of the trader and which may occur during the withdrawal period;
3° The supply of goods made to the consumer's specifications or clearly personalised;
4° The supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7° The supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the trader's control;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to meet the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded at a public auction;
12° The provision of accommodation services, other than residential accommodation, transport services, car rental, restaurant services or leisure activities which must be provided on a given date or during a given period;
13° The supply of digital content not supplied on a material support, the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal.
8.3. In order to exercise his right to withdraw from the Order, the Customer must notify his decision to withdraw from the Order by means of the withdrawal form provided in the appendix hereto or by means of an unambiguous statement, without giving reasons. The Customer may communicate his decision to retract to the company by any means, in particular by sending it by letter to the company at the following address: 334 Rue Nicolas Parent, 73000 Chambéry, France or by e-mail to email@example.com.
8.4. If the Customer notifies the company of his decision to withdraw, regardless of the means used, the company shall immediately send him an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).
8.5. In the event of the Customer's withdrawal, the reimbursement of the service(s) that has or have been the subject of the right of withdrawal shall be made by the company by the same means of payment as used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the Client. Reimbursement shall be made as soon as possible, and no later than 14 days from the date on which the company is informed of the Customer's decision to withdraw from the Order. In the event of use of the Services within the withdrawal period, the Customer is considered to have expressly waived his right of withdrawal.
9.1. The company implements all measures to ensure that the Client is provided with one or more quality service(s) under optimal conditions. However, the company may not be held liable for any non-performance or poor performance of all or part of the services provided in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable event of a third party not party to the contract, or to a case of force majeure. More generally, if the company's liability was to be engaged, it could under no circumstances agree to compensate the Client for indirect damage, or damage whose existence and/or quantum would not be established by evidence.
9.2. The company shall not be held liable for any damage caused by misuse of one of its services or by failure to comply with precautions for use and conditions of hygiene, storage and safety when using one of its products/services.
9.3. The Website may contain links to other websites not published or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
9.4. The establishment of such links or the reference to any information, articles or services provided by a third party cannot and may not be interpreted as an express or tacit endorsement by the company of these websites and elements or their content.
9.5. The Company is not responsible for the availability of these websites and cannot control their content or validate the advertising, service(s) and other information disseminated on these websites.
9.6. It is expressly stipulated that the Company may not be held liable, in any way whatsoever, in the event that the computer equipment or electronic mail of the Customers rejects, for example due to an anti-spam filter, e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the Order summary or shipment follow-up e-mail.
9.7. The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have contracted.
The Customer undertakes not to dammage the security of the Website. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the company's information system. The Client cannot either harm or hinder the company's information system. Failing this, the company may take any measure against him/her and, in particular, engage his/her criminal liability under articles 323-1 and next. of the French Penal Code.
11.1. All the elements of this Website and the Website itself are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of the company. All these rights are reserved for the whole world.
11.2. The name and trademark, logos, drawings and models, stylised letters, figurative marks, and all the signs represented on this Website are and will remain the exclusive property of the company.
11.3. No title or right of any kind to any material or software will be obtained by downloading or copying material from this Website. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work on the basis of this Wesite and the elements and software it contains, or sell or participate in any sale in connection with this Website, the elements of this Website or any related software.
11.4. The company grants the Client a non-exclusive licence to use the Website. This licence is strictly personal and may under no circumstances be assigned or transferred to any third party whatsoever. The licence is granted for the duration of use of the Website.
11.5 Any use by the Client of the company names, trademarks and distinct signs belonging to the company is strictly prohibited except with the express prior agreement of the company.
11.6 The company understands that data protection and privacy is an issue for all Internet users visiting the Website. The company undertakes, in accordance with GRDP regulations, to respect your private life and to protect your personal data, i.e. data likely to identify you directly or indirectly as a person.
11.7 Within the framework of the order, the company is entitled to collect personal data from the Customer. The company undertakes to protect the Customer's personal data.
11.8. The files containing personal data required for the order are stored on the servers of the Website host. This service provider ensures that it complies with the requirements of the general regulations on data protection (GRDP). The company does not communicate or trade in customers' personal data.
11.9. At the stage of ordering on the Website, the Customer expressly consents to the collection and processing of his/her personal data necessary to carry out the orders.
11.10. The personal data collected by the company is intended to enable the order to be carried out. The various data of a personal nature will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
11.11. In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004 known as "Informatique et Libertés", and with the general regulations on data protection (GRDP), subject to proving your identity, any Customer, regardless of nationality, has the right to access, modify and delete his personal data. Each Customer is also entitled to request a limitation on the processing of their data and also has a right to data portability and a right to object to the processing of personal data concerning them.
11.12. For the purposes of applying this clause and, in particular, to ensure the confidential treatment of Customer data, the company has appointed, in accordance with the provisions of the General Regulations on Data Protection (GRDP), a Data Protection Officer, who can be contacted at the following address: firstname.lastname@example.org.
11.13. In any event, any Client has the right to make any claim to the CNIL.
12.1. By ticking the box provided for this purpose or by expressly agreeing to this, the Customer accepts that the company may send him/her, at a frequency and in a form determined by it, a newsletter that may contain information relating to its activity.
12.2. When the Customer ticks the box provided for this purpose in the registration process on the Website to place the Order, the Customer agrees to receive commercial offers from the company for services similar to those ordered.
12.3. Customers will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
The Customer has the possibility of registering free of charge on a BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be canvassed over the telephone by a professional with whom he has no current contractual relationship, in accordance with law n°2014-344 of 17 March 2014 relating to consumption.
Any consumer has the possibility of registering free of charge on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
14.1. These GTCS are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.
14.2. In the event of a dispute that may arise in connection with the interpretation and/or execution of these Terms and Conditions or in relation to these Terms and Conditions, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
14.3. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the company is a member of the EUROPE MEDIATION e-commerce mediator service whose contact details are as follows: 112 Avenue de Paris, 94300 Vincennes, France - https://www.justice.cool/.
You can use the mediation service for consumer disputes related to an order placed on the internet.
To find out how to contact the Mediator: https://www.ski-family.fr/fr/mediateur
14.4 Finally, it should be remembered that mediation is not compulsory but is only offered in order to resolve disputes by avoiding recourse to the courts.
14.5. The Client may also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all of the approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/.
14.6. If this mediation procedure fails or if the Customer wishes to bring an action to court, the rules of the Code of Civil Procedure will apply.
Data Session 334 Rue Nicolas Parent, 73000 Chambéry, France
I hereby notify you of my withdrawal from the contract relating to the sale of the product(s)/service(s) hereinafter mentioned
Ordered on :
Received on :
Order No :
Customer's name :
Customer adress :
Signature of the customer :