General Conditions of Sale and Use
1. About us
The Memento du Voyageur site is a site operated by Kyma Web, a self-business, based in Paris (75015) 59 rue des Morillons, registered in the Trade and Companies Register of R.C.S. Paris under number 395 256 167 represented by Mr. Patrice Parein (hereinafter "Society").
The company offers to its customers via its websites, a variety of following products: any system of affiliation and monetization of sites and blogs, tourist and local products, online e-ticket service, various tourist services, travel coaching , digital or paper travel guides and the creation and management of pages and websites - Operating agency for all online commerce websites -
The company invites users to read these general conditions of sale and use carefully (hereinafter the "GCS/GCU").
The placing of an order implies the acceptance of the GCS/GCU. The characteristics of the products are indicated on the website. It is up to the customer to take into account before his purchase. The photographs or graphics presented on the website are not contractual.
The Customer acknowledges having read them and having accepted them by checking the provided field, to do so before completing the online order. The CGS/CGU define the conditions under which the company sells its products to its professional and consumers customers via its Website.
They apply to all sales concluded by the company and are imposed on any contradictory document, in particular the general conditions of purchase of the customer. They are systematically communicated to the customer who requests it.
In the event of any subsequent modification of the GCS/GCU, the customer shall be subject to the version in effect when ordering.
"Customer" means the professional or consumer who has placed an order of a product sold on the website;
"Order" means any order placed by the user registered on this site;
"General conditions of sale and use" or "CGS/GCU" designate these general conditions of use and online sale;
"Consumer" means the buyer natural person who does not act for professional needs and/or outside his professional activity;
"Products" means material things that can be appropriate and which are offered for sale on this site;
"Professional" means the buyer legal or physical person who acts within the framework of his professional activity;
"Site" means this site, that is to say www.memento-du-voyageur.com;
"Company" designates Kyma Web, more amply designated in article I of these; and
"User" means any person who uses the site.
Registration for the site is open to all major legal or physical persons and enjoying their full personalities and legal capacities. The use of the site is not conditioned by the registration of a user. Registration is free and at no cost for any customer heading to purchase. To register, the user must complete all compulsory fields; failing this, the registration cannot be completed.
Users guarantee and declare on honor that all the information communicated on the site, especially when registering, is accurate and compliant. They undertake to update their personal information from the page dedicated to these and available in their account.
Any registered user has a username and password. The latter are strictly personal and confidential and must in no case be the subject of a communication to third parties under penalty of deleting the account of the recorded registered user. Each registered user is personally responsible for maintaining the confidentiality of their identifier and password. The company will in no case be held responsible for the identity theft of a user. If a user suspects fraud at any time, he must contact the company as soon as possible, in order to take the necessary measures and regularize the situation. Each user, whether a legal or physical person, can only hold an account on the site.
In the event of non-compliance with GCS/GCU, in particular the creation of several accounts for one person or the supply of false information, the company reserves the right to proceed with the temporary or final deletion of all the accounts created by the 'Offering user. The deletion of the account results in the definitive loss of all the advantages and services acquired on the site. However, any order carried out and billed by the site before deleting the account will be executed under normal conditions.
In the event of deletion of an account by the Company for breach of duties and obligations set out in the GCS/GCU, it is strictly prohibited for the User Older to re -register on the Site directly, through another electronic address or by person interposed without the express authorization of the company.
Any order can only be carried out when the user has registered on the site. The user, when connected to his account, can add products to his virtual basket. He can then access the summary of his virtual basket to confirm the products he wishes to order and place his order by pressing the "Commander" button.
He will have to enter an address, a delivery method and a valid payment method in order to finalize the order and effectively train the sales contract between him and the company. The finalization of the order implies the acceptance of the prices of the products sold, as well as the terms and delivery times indicated on the site.
Once the order is placed, the user will receive confirmation by email. This confirmation will summarize the order as well as relevant information relating to delivery. The placing of an order constitutes the conclusion of a distance sales contract between the company and the customer.
The company may offer the customer, price reductions, discounts and rebates according to the number of products available on the site ordered or according to the regularity of orders, according to the conditions set by the company.
6. Products and prices
The products subject to the GCS/GCU
are those who appear on the site and who are sold and dispatched directly by the company.
The products are described on the corresponding page within the site and mention is made of all their essential characteristics. The sale takes place within the limits of the company's available stocks. This last one cannot be held responsible for stock breaks or the impossibility of selling a product whose stock is nonexistent.
When a registered user wishes to acquire a product sold by the company through the site, the price indicated on the product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs for digital products and holds account of the applicable reductions and in effect on the day of the order. The price indicated does not include the delivery costs which will be detailed if necessary in the summary before placing the order. If the total cost of the products is not calculated in advance, the company will send the customer a detailed quote explaining the price calculation formula.
In no case may a user require the application of reductions not being in effect on the day of the order.
7. Payment conditions
Unless otherwise provided, all sales are paid when ordering. Depending on the nature or amount of the order, the company remains free to require a deposit or the payment of the full price when placing the order or when receiving the invoice.
Payment can be made by:
Bank card via a secure connection
In the event of a total or partial payment default of the products on the date agreed on the invoice, the professional customer must pay a delay penalty to the company whose rate is equal to the rate practiced by the European Central Bank for its increased refinancing operation 10 percentage points. The funded financing operation is the most recent on the date of ordering services.
In addition to the delay allowances, any amount, including the deposit, not paid on their date of due by the professional customer will automatically produce the payment of a lump sum compensation of 40 euros due for the recovery costs.
In the event of a total or partial payment default of the products on the date agreed on the invoice, the consumer customer must pay a delay penalty to the company whose rate is equal to the legal interest rate. No compensation can be made by the customer between late penalties in the supply of products ordered and sums due by the customer to the company for the purchase of products offered on the site.
The penalty due by the customer, professional or consumer, is calculated on the amount including tax of the remaining amount due, and runs from the due date of the payement without any prior notice of default being necessary.
The products are delivered exclusively in the following geographic areas (the other regions are subject to a prior agreement):
France - DOM-TOM- European continent - North America
In the event of exceeding the delivery date of 30 days, excluding cases of major force , the Customer may request the resolution of the contract by registered letter with delivery receipt, after having enjoined the company, according to the same terms , to make the delivery within a reasonable additional time, and if the company has not executed. In this case, the customer will be refunded within 30 days if a payment has already been made.
In the case that delivery is impossible, due to an error on the address indicated by the customer, the company will contact the customer as quickly as possible in order to obtain a new delivery address and any additional delivery costs will be on client fee.
In addition, the responsibility of the company cannot be engaged for reasons related to the exceeding of delivery times:
- In periods of high demand, such as the holiday season,
- For deadlines caused by strength majeure reasons, that is to say because of the occurrence of an unpredictable, irresistible and independent event,
- For facts attributable exclusively to the carrier responsible for delivery.
Delivery is made, depending on the customer's choice and according to the prices indicated on the site:
- At the address indicated by the customer when ordering, email address for digital products, at a defined place for services or coaching, by post or land for other products
For all orders carried out on this site, the Customer has a complaint right of 48 hours from the delivery of the product. It is up to him to check the apparent condition of the products during delivery. In the absence of reservations expressly issued during delivery, the products are deemed to comply with the order.
To exercise this right of complaint, the Customer must send to the Company, to the commande(@)Memento-du-Voyageur.com, a declaration in which he expresses his reservations and complaints, accompanied by the related supporting documents (reception slip countersigned by the carrier, photographs ...) a complaint that does not respect the conditions described above cannot be accepted.
The company will repair, replace or reimburse the product or its components as soon as possible and at its expense, subject to the material possibility of repairing the product or its availability in stock.
10. Consumer's right of withdrawal
The consumer has a right of withdrawal of 48 hours between the period of preparation and sending from the placing of the order, except for the products mentioned in article L.221-28 of the Consumer Code, as digital products, coaching and other services),
To exercise this right of withdrawal, the consumer sends a declaration to the address: commande(@)Memento-du-Voyageur.com
The products must be returned to their original packaging and in perfect condition in 48 hours from the notification of withdrawal to the company by the consumer. Direct dismissal costs remain the responsibility of the consumer.
It will be reimbursed for all the costs paid for the placing of the order within 14 days the receipt of the product return, after the knowledge by the company of its declaration of withdrawal. Refund may be made by the same means of payment as that used for purchase or any other legal means.
11. Transfer of risks and property
The company retains a property right on the products sold until full payment of the price by the customer. It can therefore regain possession of said products in the event of non-payment. In this case, the deposits paid will remain acquired by the company for compensation.
For professional customers, the transfer of risks to the customer takes place as soon as the goods are handed over to the carrier by the company. For consumer customers, risk transfer takes place on delivery or when the goods withdraw from the store when the customer has chosen store delivery.
12. Legal guarantees
The non-digital products sold on the site are guaranteed in accordance with the legal provisions of the consumer code and the civil code as reproduced below:
Article L.217-4 of the Consumer Code:
"The seller delivers a good in accordance with the contract and responds to existing compliance faults during delivery. He also responds to compliance defects resulting from the packaging, mounting instructions or installation when it has been put it is responsible by the contract or was carried out under his responsibility. "
"The property is in accordance with the contract" Article L.217-5 of the Consumer Code:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:
- If he corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- If it presents the qualities that a buyer may legitimately wait for public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and that the last one accepted "
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for the hidden defects of the thing sold which make it unfit for the use for which it was intented, or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known of them. "
Any product sold altered, modified or transformed is not covered by the warranty. This is limited to the replacement or reimbursement of non-compliant or affected products of a defect. It is excluded in case of improper use or abnormal use of the product as well as in the event that the product does not respect the legislation of the country in which it is delivered.
The customer must inform the company of the existence of vices within two years. The company will rectify the products deemed defective as far as possible. If the responsibility of the company is retained, the warranty is limited to the amount HT paid by the consumer for the supply of products. The replacement of products does not have the effect of extending the duration of the warranty.
The company reserves the right to modify the site, the GCS/GCU as well as any delivery procedure or other constituent element of the services provided by the company through this site.
When an order is placed, the user is subject to the stipulations set out by the GCS/GCU in effect at the tme the order is placed.
14. Processing of personal data
Resistration on the site entails the processing of customer's personal data. If the customer refuses the processing of his data, he is asked to refrain from using the site.
This processing of personal data is done in compliance with the General Data Protection Regulations 2016/679 of April 27, 2016.
In addition, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, the right of questioning, access, rectification, modification and opposition to all of his Personal data by writing, by mail and justifying his identity, at the following address: Manager(@)memento-du-voyageur.com
These personal data are necessary for the processing of his order and the establishment of his invoices if necessary, as well as to the improvement of the functionalities of the site.
15. Sharing of collected data
The site may use third -party companies to carry out certain operations. By browsing the site, the customer accepts that third -party companies can have access to their data to allow the site's proper functioning.
These third -party companies have access to data collected only in the context of the completion of a precise task, webnode (as a site host) and Clicky Website Analytics (for audience measurement). The site remains responsible for the processing of this data. In addition, the user may therefore have to receive information or commercial offers from the company or its partners.
The user can at any time oppose the reception of these commercial offers, by writing to the address of the company indicated above, or by clicking on the link provided for this purpose within the e-mail received.
In addition, customer information may be transmitted to third parties without their prior express agreement in order to achieve the following goals:
- respect the law
- Protect anyone from serious bodily damage, or death
- Fighting fraud or damage to the company or its users
- Protect the property rights of the company.
16. Data protection
The company provides an appropriate level of security and proportional to the risks involved as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not in any case constitute a guarantee and do not engage the company to an obligation of result concerning data security.
To allow its users to benefit from optimal navigation on the site and better operation of the various interfaces and applications, the company is likely to set up a cookie on the user's computer. This cookie makes it possible to store information relating to navigation on the site, as well as to the possible data entered by users (in particular research, login, email, password).
The user expressly authorizes the company to deposit on the user's hard drive a so -called "cookie" file.
The user has the possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of its browser. If the systematic deactivation of cookies on the user's browser prevents it from using certain services or functionalities of the Site, this dysfunction cannot in no way constitute damage for the member who may not claim any compensation due to this fact.
The company can in no way be held responsible for unavailability, whether temporary or permanent on the website and although it implements all its means in order to permanently ensure the service, It may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the site unavailable in order to carry out any update, improvement or maintenance operation.
As mentioned before here, the company can in no case be held responsible for delivery delays for reasons which escape its control, independent of its will, unpredictable and irresistible or whose fault cannot be attributable to it.
19. Intellectual property
The brand, the logo, and the graphic charter of this site are marks deposited with the INPI and works of the spirit protected under copyright, whose property returns exclusively to the company. Any distribution, exploitation, representation, reproduction, whether partial or integral, without the express authorization of the company will expose the offender to civil and criminal prosecution.
20. Competence attribute clause
The law governing the GCS/GCU is French law. Any dispute that may occur between the company and a user during the execution of these presents will be the subject of an amicable resolution attempt. Otherwise, disputes will be brought to the attention of the competent courts under ordinary law.
21. Acceptance of GCS/GCU
The Customer or the User expressly accepts GCS/GCU. The Customer declares to have knowledge and renounces to take advantage of any other document, in particular their own general purchase conditions.
The consumer recognizes to have had knowledge of the information and information provided in the articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
- the essential characteristics of the product;
- The price of the products ;
- the date or period to which the company undertakes to provide the service;
- information relating to the identity of the company (postal, telephone, electronic contact address);
- information relating to legal and contractual guarantees and their implementation methods;
- the possibility of resorting to a conventional mediation in the event of litigation;
- Information relating to the right of withdrawal (deadline, modatities of exercise).