General terms and conditions for the sale of online services to individual consumers
Preamble
These general conditions of sale apply to all services concluded on the El Mundo Lindo website.
The El Mundo Lindo website is a service of:
- the company Acquisitio
- located at: 66 avenue gavignot
- URL of the site: https://www.elmundolindo.com/fr/
- email address: thomas.l@elmundolindo.com
- telephone: 0768909881
The customer declares to have read and accepted the general conditions of sale prior to the placing of the order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 - Content and scope
These general conditions of sale apply automatically to the following services: creation of personalized trips.
They apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet or through other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order or at the immediate purchase by the seller.
Any order or immediate purchase implies the unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those that have been expressly accepted by the seller.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order.
Article 2 - Pre-contractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information shall be transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the service;
- the price of the service or the method of calculating the price and, if applicable, all additional transport, delivery or postage costs and all other possible costs;
- the date or period on which the service provider undertakes to perform the service, regardless of its price, and any other contractual condition;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities;
- the procedures laid down for the processing of complaints;
- the duration of the contract, when it is concluded for a fixed period, or the conditions for its termination in the case of a contract of indefinite duration;
- in the case of digital content, any relevant interoperability of that content with certain hardware or software of which the trader has or should reasonably be aware.
The service provider must also communicate to the buyer, or make available to him, the following information:
- legal status and form, contact details allowing you to get in touch quickly and communicate directly with them;
- where applicable, the registration number in the Trade and Companies Register or in the Trade Register;
- for activities subject to an authorisation scheme, the name and address of the authority which issued it;
- for the service provider subject to value added tax and identified by an individual number pursuant to Article 286 ter of the General Tax Code, his individual identification number;
- for the service provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted and the name of the professional order or body with which he is registered;
- any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor and the geographical coverage of the contract or commitment.
Article 3 - Order
By order, it is necessary to mean any order relating to the services appearing on the rates of the seller, and accepted by him, accompanied by the payment of the deposit possibly provided for on the order form.
Any order, to be valid, must be established on the seller's purchase orders, available to customers in its stores.
Any order received by the seller is deemed firm and final.
It entails full acceptance and acceptance of these general conditions of sale and obligation to pay for the products ordered.
The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except exception provided for by Article L.211-28 of the Consumer Code.
Article 4 - Quotation
For services giving rise to the establishment of a prior quote, the sale will be considered final only after the provider has drawn up a quote and the buyer has been sent confirmation of acceptance of the order.
The quotes drawn up by the service provider have a validity period of 1 year.
Article 5 - Performance of the service and termination of the contract
Unless expressly stated specific conditions for the sale, the performance of the service will be carried out within the immediate period from the receipt by the seller of a proper order.
In the event of the seller's breach of its performance obligation on the date or expiry of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract, under the conditions of Articles L. 216-2 and L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, in accordance with the same procedures, the trader to provide the service within a reasonable additional period, the latter has not performed within that period.
The contract shall be deemed to have been terminated upon receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
Nevertheless, the buyer may immediately terminate the contract where the trader refuses to provide the service or where he fails to perform his obligation to provide the service on the scheduled date, if that date or period constitutes an essential condition of the contract for the buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the service provider.
Except in cases of force majeure, the deposit paid to the order is acquired automatically and can not give rise to any refund.
Article 6- Exceptions to the withdrawal period
The withdrawal period of 14 days does not apply to the situation(s) listed below:
- The service is performed (or has begun) before the end of the withdrawal period, after prior express agreement of the consumer and express waiver of his right of withdrawal.
Cancellation of the order
In case of cancellation of the order by the buyer, after acceptance by the seller, for any reason whatsoever except force majeure, a sum corresponding to 60% of the amount of the purchase will be acquired from the seller, as damages, in compensation for the damage thus suffered.
Article 7 - Prices
Prices are firm and definitive. Unless expressly stated specific conditions for the sale, the prices of the services performed are those appearing in the price catalogue on the day of the order.
They are expressed in legal tender and stipulated all taxes included.
Article 8 - Payment
Unless otherwise expressly provided for in the special conditions, payment of the price is made in cash at the time of ordering. No order can be taken into account in the absence of a full payment on this date.
Payments made by the buyer will only be considered final after actual collection of the sums due by the service provider.
An invoice will be given to the buyer on request.
Article 9 - Guarantees - General
9-1 Legal guarantee of conformity
Acquisitio is the guarantor of the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the delivery of the property to act;
- the buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the good during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the good.
9-2 Legal guarantee 4
In accordance with Articles 1641 et seq. of the Civil Code, Acquisitio is the guarantor of hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the sale of the property and are likely to make the good unfit for the use for which it is intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 10 - Intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Acquisitio, the sole owner of the intellectual property rights on these documents, and must be returned to it at its request.
Customer buyers undertake not to make any use of these documents, likely to infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.
Article 11 - Jurisdiction
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
For the definition of the competent court, the seller elects domicile at 66 avenue gavignot.
Article 12 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 13 - Mediation and dispute resolution
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In case of dispute, the contact details of the mediator to whom the buyer can contact are as follows: , , , , , .
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 14 - Applicable law
These general conditions are subject to the application of French law.
This is the case for both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Article 15 - Protection of personal data
Data collected:
The personal data that are collected on this site are as follows:
- account opening: when creating the user's account, his surname; first name; e-mail address; postal address;
- connection: when the user logs on to the website, the latter records, in particular, his surname, first name, connection data, use, location and payment data;
- profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
- payment: as part of the payment of the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily retained;
- cookies: cookies are used, as part of the use of the site. The user has the possibility to disable cookies from the settings of his browser.
Use of personal data
The purpose of the personal data collected from users is to provide the services of the website, improve them and maintain a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user support;
- personalization of the services by displaying advertisements based on the user's browsing history, according to his preferences;
- prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies, in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of the website, publicly available information;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data to follow up on claims against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, transfer of assets or receivership proceedings, it may have to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
Security and privacy
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: thomas.l@elmundolindo.com
· The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.
· The right to rectification: if the personal data held by the website are inaccurate, they can request that the information be updated.
· The right to delete data: Users may request the deletion of their personal data, in accordance with applicable data protection laws.
· The right to restriction of processing: users may request the website to restrict the processing of personal data in accordance with the assumptions provided for by the GDPR.
· The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
· The right to portability: they can request that the website give them the personal data provided to it to transmit them to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.