Between MonWebPartenaire, BP 1531, 98735 Uturoa (TAHITI n ° 35585) represented by Mrs. Elodie MERCIER duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the website www.monwebpartenaire.com or on www.raiatea.fun. Hereinafter the “Seller” or the “Company”.
On the one hand, And the natural or legal person purchasing the company’s products or services, Hereinafter, “the Buyer”, or “the Customer” On the other hand, It has been stated and agreed what follows :
PREAMBLE
The Seller is a publisher of products and services related to discovery activities on the island of Raiatea, exclusively for consumers, marketed through this website www.raiatea.fun and its Facebook page (https : //www.facebook.com/decouvertederaiatea). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
OVERVIEW
This website is operated by MonWebPartenaire. On this site, the terms “we”, “our” and “our” refer to MonWebPartenaire. MonWebPartenaire offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller. These General Conditions of Sale (GCS) apply to all sales of Products, made through the Company’s websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order.
Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
All new features and tools that will be added to this store at a later date will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by posting updates and / or changes on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the website after the posting of any changes constitutes your acceptance of those changes.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age you are responsible for using this website.
Use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to the laws relating to copyright).
You must not transmit worms, viruses or any other code of a destructive nature.
Any breach or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to deny access to the services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission express written notice from us.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this website is not accurate, complete or up to date. The content of this website is provided for informational purposes only and should not constitute your only source of information for making decisions, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This website may contain certain prior information. This prior information, by nature, is not up to date and is provided for informational purposes only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that you are responsible for monitoring changes to our website.
ARTICLE 4 – PRICE
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes or in Pacific francs depending on the payment method available on the day of purchase. In all cases, the currency is precisely determined on the product description pages. As the company is exempt from VAT, VAT is not applicable to all sales.
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 Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). As such, the Seller invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.
ARTICLE 5 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice and at any time.
We will not be liable to you or any other third party for any price change, suspension or interruption of the Service.
ARTICLE 6 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of specific steps to each Product offered by the Seller in order to be able to place his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address, etc.);
➢ Acceptance of these General Conditions of Sale.
➢ Verification of the elements of the order and, if necessary, correction of errors.
➢ Follow-up of instructions for payment, and payment of products.
➢ Product delivery.
The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of proper completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 7 – PRODUCTS OR SERVICES
Some products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy.
We reserve the right, but are not obligated to do so, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We could exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our only discretion. We reserve the right to stop offering a product at any time. Any service or product offer made on this site is void where prohibited by law.
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract.
The Seller undertakes to honor the Customer’s order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company’s websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested as follows: request made by registered letter with acknowledgment of receipt, accompanied by a photo of the non-compliant product. After acceptance of the return by the Seller, the product must be returned by tracking; shipping costs will be reimbursed on request and after presentation of a corresponding invoice.
ARTICLE 8 – OWNERSHIP RESERVE CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 9 – DELIVERY TERMS
Physical products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the time taken to prepare the order. When the Customer orders several products at the same time, they may have different delivery times. In the event of a delay in shipment, the customer will be notified by email and will have the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to reimburse the product and “go” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a contact email to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered.
ARTICLE 10 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. If an item is unavailable for a period exceeding 15 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer can then request a credit for the amount of the item or its refund.
ARTICLE 11 – PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by payment card via the Paypal service or bank transfer. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by Paypal. The information transmitted is encrypted according to the rules of the art and cannot be read. Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes Paypal to debit their 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 in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.
ARTICLE 12 – WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of , where applicable, return costs ”. “The period mentioned in the previous paragraph runs from receipt for the goods or from the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company by registered letter with acknowledgment of receipt (and copy by email). We inform Customers that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for the provision of services (anything that does not relate to physical products), their realization being immediate. If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition; if possible, they should be accompanied by a copy of the purchase receipt.
ARTICLE 13 – FORCE MAJEURE
The performance of the seller’s obligations at the end of these presents is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 14 – NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 15 – ACCURACY OF INVOICING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our only discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting you at the email and / or billing address / telephone number provided at the time the order has been placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can push to complete your transactions and contact you as necessary.
For more details, please see our Privacy Policy.
ARTICLE 16 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we do not monitor, control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability resulting from or relating to the use of these optional third party tools.
If you use the optional tools offered on the website, you do so at your own risk and at your own discretion, and you should consult the terms on which such tools are offered by the relevant third-party provider (s).
We may also, in the future, offer new services and / or new features on our site (including new tools and resources). These new functionalities and these new services will also be subject to these General Conditions of Sale and Use.
ARTICLE 17 – THIRD PARTY LINKS
Some content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.
ARTICLE 18 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to participate in competitions), or if without request from us, you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post, or otherwise (collectively, “comments”), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute , to translate and otherwise use and in any media any comments you send to us. We are not and should not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
We may, but have no obligation to do so, monitor, edit or remove content that we believe, in our only discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content, nor will they contain any computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone that you are not, or try to mislead us and / or third parties as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We take no responsibility and disclaim any liability for any comments you post or any other third party posts.
ARTICLE 19 – PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 20 – 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 assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 21 – PROTECTION OF PERSONAL DATA
In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the performance of this contract. By entering your email address on one of the websites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you need to do is click on the link at the end of our emails or contact the data controller (the Company) by RAR letter. We monitor traffic on all of our websites. For this, we use tools such as Google Analytics.
ARTICLE 22 – ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our website or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, fees product shipping, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any related website is inaccurate , at any time and without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No set update or refresh date in the Service or on any related website should be taken into account in concluding that information in the Service or on any related website has been modified or updated.
ARTICLE 23 – PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the website or its content: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, hurt, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in such a way as to compromise the functionality or operation of the Service or any related, independent, website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or bypass the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.
ARTICLE 24 – EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY
We do not warrant or make any representations that your use of our Service will be uninterrupted, prompt, secure, or error-free.
We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notifying you first.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated to the contrary by us) provided “as is” and “as available” for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and freedom from infringement.
MonWebPartanaire, our directors, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors can in no way be held responsible for any injury, loss, claim, or direct, indirect, incidental damage, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenues, savings, data, replacement costs or any similar damages, whether contractual, tort (even in negligence), strict liability or otherwise, arising out of your use of any service or product derived from this Service, or as to any other claim relating in any way to your use of the Service or of any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been made aware of the possibility that they may occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 25 – COMPENSATION
You agree to indemnify, defend and protect MonWebPartenaire, our parent company, our subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as to any claim or demand, including reasonable attorney’s fees, made by any third party as a result of or arising from your violation of these General Terms and Conditions of Sale and Use or the documents to which they refer, or your violation from any law or the rights of a third party.
ARTICLE 26 – SEVERABILITY
In the event that a provision of these General Terms and Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the full extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation must not affect the validity and the applicability of all the other remaining provisions.
ARTICLE 27 – TERMINATION
The obligations and responsibilities undertaken by the parties before the termination date will remain in effect after the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You can terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we believe, in our only discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notifying you. in advance and you will remain responsible for all monies owed until the date of termination (including this), and / or we may deny you access to our Services (or any part thereof).
ARTICLE 28 – ENTIRE AGREEMENT
Any failure on our part to exercise or apply any right or any provision of these General Terms and Conditions of Sale and Use should not constitute a waiver of this right or provision.
These Terms and Conditions of Sale and Use or any other policy or operating rule that we post on this site or in connection with the Service constitute the entire understanding and understanding between you and us and govern your use of the Service, and supersede all communications, proposals and all agreements, prior and contemporary, oral or written, between you and us (including, but not limited to any prior version of the General Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted to the disadvantage of the drafting party.
ARTICLE 29 – APPLICABLE LAW
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services will be governed and interpreted under the laws in force in France and Polynesia if additions or modifications exist locally.
ARTICLE 30 – CHANGES TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our only discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site regularly to check for any changes. Your continued use of or access to our site after the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
ARTICLE 31 – CONTACT DETAILS
Questions regarding the General Conditions of Sale and Use should be sent to us at contact@monwebpartenaire.com or contact@raiatea.fun.