1.1. These General Terms and Conditions of Sale (hereinafter ''GTC'') are offered by the company Data Session (hereinafter ''The Company''), SAS with a capital of 20,000 euros, registered in the Chambery Trade and Companies Register under number 853204097, represented by Florent Palach, whose registered office is located at 334 Rue Nicolas Parent, 73000 Chambery, France
1.2 Its toll-free telephone number is 04.81.68.09.06, and its 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 Site''). The Site is hosted by Scalingo, SAS, domiciled at 15 Avenue du Rhin, 67100 Strasbourg, France. The director of the publication is Florent Palach.
1.4. The Site offers the Customer (hereinafter referred to as "the Customer") the possibility of booking ski lessons (hereinafter referred to as "the services").
1.5. Before using the Site, the Customer must ensure that he/she has the technical and computer resources to use the Site and to order the services on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any virus.
2. APPLICATION AND ENFORCEABILITY OF GCVS
2.1. The purpose of these GTC is to define all the conditions under which the company markets the services offered for sale on the Site to Clients. They therefore apply to any Order (hereinafter referred to as an "Order") for services placed by the Client on the Site, by e-mail or by telephone.
2.2. The Customer declares that he/she has read and accepted these GTC before placing the Order.
2.3. The validation of the Order therefore implies acceptance of these GTC. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site at the time the Order is placed.
2.4. Any condition to the contrary imposed by the Client shall therefore, in the absence of express acceptance, be unenforceable against the Company, regardless of the time at which it may have been brought to its attention.
2.5. The fact that the company does not take advantage at a given time of any provision of these GTC shall not be interpreted as a waiver of the right to take advantage at a later date of any provision of these GTC.
3. ORDERING SERVICES ON THE SITE
The company reserves the right to correct the content of the Site at any time.
3.1. The Client selects the service(s) he/she wishes to purchase, and may access, upon request to the Company, the summary of his/her Order.
3.2. The Order summary lists the service(s) selected by the Customer and includes any additional costs, such as the price of equipment, packages or insurance, which are added to the price of the service(s) in the Order. The Customer shall have the opportunity to modify his/her Order and to correct any errors before accepting it.
3.3. After accessing the Order summary, the Customer shall confirm acceptance of the Order by ticking the box indicating that he/she agrees with the GTC, and then clicking on the Order validation icon.
3.4. Once the GTC have been accepted and the Order validated with the obligation to pay, the contract is validly concluded between the company and the Client and is irrevocably binding on both parties.
3.5. The company shall then send the Customer an Order confirmation by e-mail, containing the details of the summary of the Customer's Order and the delivery and, where applicable, billing addresses provided.
3.6. Once the Customer's details have been validated, the Customer shall proceed to pay for the Order in accordance with the terms and conditions set out below.
4. PRICES AND TERMS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of the services, in euros and exclusive of tax and all taxes included.
4.2. The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates his/her Order, enters and validates his/her delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated inclusive of all taxes.
4.3. Orders for services placed on the Web site are payable in euros. Payment must be made in full on the day the Order is placed by the Client, by credit card, except where special conditions of sale are expressly accepted by the Client and the company.
4.4 In the event of payment by credit card, the Site uses the Stripe security system, a service provider specialising in the security of online payments. This system guarantees the Customer the total confidentiality of his banking information. The credit card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the company.
4.5. The Client guarantees the company that he/she 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, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed 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 site and the payment of an Order.
5. USE OF THE SERVICES
5.1. The service(s) is (are) automatically delivered to the Customer as soon as the Order is validated.
5.2. The Customer must ensure that the information provided at the time of placing the Order is correct.
5.3. The company will not be responsible either if the non-receipt of the services is due to a third party outside its intervention or in case of theft.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or complaint, the Customer must contact, as a priority, the Customer Service of the company, in order to allow the latter to try to find a solution to the problem.
6.2. The company's Customer Service Department is accessible from 8am to 8pm from Monday to Sunday using the following contact details:
- Telephone: 04 81 68 09 06
- email : firstname.lastname@example.org
mail: 334 Rue Nicolas Parent, 73000 Chambéry, France
7. OBLIGATIONS OF THE CUSTOMER
7.1. The Customer agrees to comply with the terms of these GTC.
7.2. The Client undertakes to use the Site and the services in accordance with the company's instructions.
7.3. The Customer agrees that he/she will only use the Site for his/her personal use, in accordance with these GTC. In this respect, the Customer agrees to refrain from:
- Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the contents appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Client, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
- Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Site.
- To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to access the Site in an unauthorized manner.
- Infringe the intellectual property rights of the company
- To denigrate the Site
7.4. If, for any reason, the Company considers that the Customer is in breach of these T&Cs, the Company may at any time, and at its sole discretion, remove the Customer's access to the Site and take any action including civil and criminal legal action against the Customer.
8. CANCELLATION POLICY
-- SPECIAL COVID 19 --
We inform our customers that in case of cancellation imposed by exceptional regulations related to the COVID-19 health situation, the totality of the sums collected will be the object of a complete refund in the following cases:
Furthermore, we commit our customers to respect the instructions imposed by the authorities, in particular in the respect of the rules of hygiene and the immediate declaration of a possible risk of contamination. We also inform our customers that ski and snowboard instructors have, as of December 6, 2021, the obligation to request their health pass ("pass sanitaire") from all customers over 12 years old. Failure to present the health pass ("pass sanitaire"), or the presentation of an invalid health pass will result in the systematic cancellation of the course. No refund can be made by the company in the event of cancellation of the course due to a health pass not presented or not. valid.
-- Standard conditions --
In case of cancellation by the Customer of the ordered Services, and except in case of force majeure as recognized by the French jurisprudence :
- notified to the Company concerned by registered letter with acknowledgement of receipt, or by email, at least 30 days before the start of the execution of the said Services, the totality of the sums paid in advance will be reimbursed to the Company, within 30 days of the first presentation of the aforementioned letter (after deduction of file fees of an amount of 5% of the reservation);
- notified to the Company concerned by any means, between 7 and 30 days before the start of the execution of the Services, 50% of the total sums due will be reimbursed, within 30 days of the first presentation of the aforementioned letter;
- notified to the Company concerned by any means, less than 7 days before the start of the Services, the Client will not benefit fromany refund.
In case of cancellation by the School and/or the Company concerned :
The Company or the professional ski instructor reserves the right to cancel or interrupt the lessons at any time, particularly in cases of force majeure.
The amount calculated in proportion to the time spent will be reimbursed within 30 days of the event.
Force majeure is defined as the closure of the slopes or ski lifts, or weather conditions that make it dangerous for the group to access the site.
In addition, the Company or the professional ski instructor reserves the right to exclude at any time a person whose behaviour is likely to disrupt the course of instruction. In this case, the client will not be entitled to any refund.
9. RIGHT OF WITHDRAWAL
9.1. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of validation of his/her Order on the Web site to exercise his/her right of withdrawal from the company, without having to justify his/her reasons or pay any penalty.
9.2 All products/services can 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 supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° 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 articles;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
9° 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 for these publications;
11° Concluded at a public auction ;
(12) the provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;
13. The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
9.3. In order to exercise their right to withdraw from the Order, Customers must notify their decision to withdraw using the withdrawal form attached hereto or by means of an unambiguous statement, without giving any reasons. The Client may notify the Company of his/her decision to cancel the Order by any means, including, but not limited to, by sending a letter to the Company at the following address: 334 Rue Nicolas Parent, 73000 Chambéry, France or by e-mail to email@example.com.
9.4. In case of notification to the company by the Client of his decision to withdraw, whatever the means used, the company will send him without delay an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).
9.5. In the event of the Client's withdrawal, the reimbursement of the service(s) which was (were) the subject of the right of withdrawal shall be made by the Company by the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means. In any event, this refund will not incur any costs for the Client. The refund shall be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Client's decision to withdraw from the Order. If the Services are used within the withdrawal period, the Client shall be deemed to have expressly waived his/her right of withdrawal.
10.1. The company takes all appropriate measures to ensure that the Client is provided with quality service(s) under optimum conditions. However, the company will not be held responsible for any failure to perform or improper performance of all or part of the services provided in the contract, which would be attributable either to the Client, or to the professional ski instructors (holders of a valid license to teach skiing and related disciplines), or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the company's responsibility is engaged, it can in no case agree to compensate the Client for indirect damage or whose existence and / or quantum would not be established by evidence.
10.2. The company shall not be held responsible for any damage caused by misuse of any of its services or by failure to observe the precautions for use and conditions of hygiene, storage and safety when using any of its products/services.
10.3. The Site may contain links to other sites not edited or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
10.4. The establishment of such links or reference to any information, articles or services provided by a third party cannot and shall not be construed as an express or implied endorsement by the Company of such sites and materials or their contents.
10.5. The company is not responsible for the availability of these sites and cannot control the content nor validate the advertising, service(s) and other information published on these websites.
10.6 It is expressly stipulated that the company shall in no way be held liable, in any way whatsoever, should the Client's computer equipment or e-mail system reject, for example due to anti-spam software, e-mails sent by the company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail.
10.7 The Client 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.
11. PERFORMANCE OF SERVICES
11.1. For the execution of the Services, the Client must appear at the place, day and time indicated in the order confirmation.
In the event of delay by the Customer, the latter will not be entitled to any refund.
11.2. Interruptions in the operation of the ski lifts, beyond the control of the Company, which would affect the proper performance of the Services shall not give rise to reimbursement or compensation by the Company to the Client.
11.3. The Client's attention is drawn to the fact that the "overflow" or "lack" of snow cannot be attributed to the Company and/or the professional instructor. In general, the Company cannot be held responsible for the weather and snow conditions, so that the Client cannot claim any compensation, discount or refund. It is the Client's responsibility, if he/she so wishes, to take out a "snow insurance / guarantee" directly and outside the School.
12. COMPOSITION OF GROUP COURSES
The minimum and maximum number of students enrolled in each course is set at 4 to 8.
However, some lessons may exceptionally exceed this number, in particular due to an over- or under-estimated level of skiing by the Client at the time of booking or due to people requesting to join a different level than the one at the beginning of the Teaching Services.
It may also be in the following cases:
- Injured or ill ski instructor requiring students to be moved to another course;
- Obligation for an instructor, for technical or safety reasons, to "move" a client to a higher or lower level course than the one in which he or she is currently enrolled;
- A state of fatigue or stress experienced by a Client that requires transferring to a lower level than the original level.
Every effort would then be made to reduce the number of students to the above number.
Nevertheless, the fact that the maximum number of people present in a course is exceeded cannot lead to any request for discount, refund or compensation by the Client.
13. WEARING A HELMET
As snow sports are risky, helmets are compulsory for children under 13 years old and strongly recommended for all.
The Company also recommends that the Client use back protection for children, and wrist protectors.
The Clients are not covered by the professional liability insurance of the School and/or the Company for the Teaching Services.
Each Client must insure himself against the risks inherent in this type of sporting activity.
The Services will not be reimbursed in the event of an accident that makes it impossible for the Client to continue the Services. It is therefore up to the Client to take out any specialised insurance policy such as "cancellation insurance".
The Company will provide, if necessary, at the express request of the Client, all supporting documents enabling the Client to obtain reimbursement from its insurance company in the event of an accident occurring during the performance of the Services.
15. PHOTOS AND VIDEOS
By taking advantage of the Services, the Client agrees to appear in photos and videos that will be shared with all the students in his/her class as part of the Company's application.
By taking advantage of the Services, the Client also accepts the possibility that photos and videos may be used by the Company on promotional material such as brochures, websites, etc.
In the event of refusal, the Client shall inform the Company by any written means; the latter shall then refrain from using the said images and from withdrawing the images, if any, used when this is possible.
The Client undertakes not to undermine the security of the Site. To this end, he undertakes not to proceed to any fraudulent access and/or maintenance in the company's information system. The Client may not harm or hinder the company's information system. Should he fail to do so, the company may take any measure against him and, in particular, incur criminal liability under Articles 323-1 et seq. of the French Penal Code.
17. INTELLECTUAL PROPERTY AND PERSONAL DATA
17.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and / or all other intellectual property rights. These elements are the exclusive property of the company. All these rights are reserved for the whole world.
17.2. The name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.
17.3. No title or right whatsoever in any material or software shall be obtained by downloading or copying material from this Site. The Customer may not reproduce (other than for personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work with this Site and the materials and software contained therein, or sell or participate in any sale of this Site, the materials on this Site or any software related thereto.
17.4. The company grants the Client a non-exclusive licence to use the Site. This license is strictly personal and may not be assigned or transferred to any third party whatsoever. The license is granted for the duration of the use of the Site.
17.5. Any use by the Client of the company names, trademarks and distinct signs belonging to the company is strictly prohibited unless the company has given its express prior consent.
17.6. The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company undertakes, in accordance with the RGPD regulations, to respect your privacy and to protect your personal data, i.e. data that may identify you directly or indirectly as a person.
17.7. Within the framework of the order, the company has to collect personal data of the Customer. The company undertakes to protect the personal data of the customers.
17.8. The files containing personal data necessary for the order are stored on the servers of the Site's host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (RGPD). The company does not communicate and does not trade in the personal data of customers.
17.9. At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out the orders.
17.10. The personal data collected by the company is intended to enable the order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.
17.11. In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as "Informatique et Libertés", and the General Data Protection Regulation (RGPD), subject to proving your identity, all Customers, regardless of their nationality, have a right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his or her data and has the right to data portability as well as the right to object to the processing of personal data concerning him or her.
17.12. For the purposes of the application of this clause and, in particular, to ensure the confidentiality of Customer data, the company has appointed, in accordance with the provisions of the General Data Protection Regulation (RGPD), a Data Protection Officer, who can be contacted at the following address: firstname.lastname@example.org
17.13. In any case, any Customer has the right to make any claim to the CNIL.
18.1. By ticking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the company may send him, at a frequency and in a form determined by it, a newsletter that may contain information relating to its activity.
18.2. When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from the company for services similar to those ordered.
18.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter
19. OPPOSITION LIST TO TELEPHONE SOLICITATION
The Customer has the possibility of registering free of charge on a BLOCTEL telephone opposition list (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom they have no current contractual relationship, in accordance with the law n°2014-344 of 17 March 2014 relating to consumption.
Any consumer can register for this list free of charge at https://conso.bloctel.fr/index.php/inscription.php.
20. APPLICABLE LAW AND JURISDICTION
20.1. These GTC shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.
20.2. In the event of a dispute arising from the interpretation and/or performance of these GTC, or in relation to these GTC, the Customer may decide to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.
20.3. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company has joined a mediation service with SAS Médiation, approved by the Ministry of the Economy and Finance.
After having referred the matter to the school's management by registered letter to 334, rue Nicolas Parent, 73000, Chambéry, and in the absence of a satisfactory response or in the absence of a response within 60 days, the client may refer the matter to the consumer ombudsman, whose contact details are available on his site: www.sasmediationsolution-conso.fr.
20.4 Finally, it is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts
20.5. The Customer 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 the approved dispute settlement bodies in France: https: //webgate.ec.europa.eu/odr/.
20.6 If this mediation procedure fails or if the Customer wishes to take the matter 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 for the sale of the product(s)/service(s) mentioned below:
Ordered on :
Received on :
Order number :
Name of the client :
Customer address :
Customer's signature :