GENERAL CONDITIONS OF SERVICE
These general conditions of sale (hereinafter the "General Conditions") apply to any order for services made by a natural person (hereinafter the "CUSTOMER") on the website www.escape-lifestyle.com ( hereinafter the "SITE") with GO FREE, SAS registered in the Avignon Trade and Companies Register under number 805 317 872, having its registered office at Parc d'Activité Le Revol, 128 CHE DES VIEILLES VIGNES - 84240 LA TOUR D'AIGUES, France, email: firstname.lastname@example.org (hereinafter the “SERVICE PROVIDER”).
Article 1. Definitions
The terms used below have the following meaning in these General Conditions:
"CUSTOMER": designates the CONTRACTOR of the PROVIDER, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
"SERVICES": designates all the services offered on the SITE.
"TERRITORY": designates Metropolitan FRANCE (excluding DOM / TOM).
Article 2. Purpose
The purpose of these General Conditions is to fix the contractual provisions relating to the respective rights and obligations of the SERVICE PROVIDER and the CUSTOMER in the context of the performance of the SERVICES.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the PROVIDER's sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the General Conditions
The CUSTOMER reads the present carefully and accepts them, before proceeding to the payment of an order for SERVICES placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy.
The SERVICE PROVIDER advises the CUSTOMER to read the General Conditions for each new order, the latest version of these Conditions applying to any new order for SERVICES.
By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Ordering SERVICES on the SITE
To be able to order a SERVICE, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be invited to provide information to identify him by completing the form available on the SITE. The sign (*) indicates the mandatory fields which must be completed for the CLIENT's order to be processed by the SERVICE PROVIDER. The CUSTOMER can check the status of his order on the SITE. The information that the CUSTOMER provides to the SERVICE PROVIDER when placing an order must be complete, accurate and up to date.
The information that the CUSTOMER provides to the SERVICE PROVIDER when placing an order must be complete, accurate and up to date. The PROVIDER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
Article 5.1 Characteristics of the products
The PROVIDER undertakes to present the essential characteristics of the SERVICES (on the SITE) and the mandatory information that the CLIENT must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all the SERVICES offered by the PROVIDER comply with current European legislation and the standards applicable in France.
Article 5.2. Order procedure
SERVICES orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly).
5.2.1. Selection of SERVICES
The CUSTOMER must select the SERVICE of his choice by clicking on its description. Once the SERVICE has been selected, the SERVICE is placed in the CUSTOMER basket. The latter can then add as many SERVICES to his basket as he wishes.
Once the SERVICES have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, an online form will be displayed to his attention, automatically completed and summarizing the price, applicable taxes.
The CUSTOMER is invited to check the content of his order (including the quantity and references of the SERVICES ordered, the billing address, the means of payment and the price) before confirming its content.
The CUSTOMER can then pay for the SERVICES by following the instructions on the SITE and provide all the information necessary for billing and the execution of the SERVICES.
Regarding the SERVICES for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE in order to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address communicated using the registration form is correct.
The SERVICE PROVIDER does not send any order confirmation by post or fax.
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SERVICE PROVIDER).
The CUSTOMER must also specify the method of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SERVICE PROVIDER sends to the CUSTOMER by email constitutes an invoice. Whatever the order or payment method used, the CUSTOMER will receive the original invoice when the SERVICES are performed.
5.3. Date of the order
The date of the order is the date on which the PROVIDER acknowledges receipt of the order online. The deadlines indicated on the SITE do not start to run until this date.
Article 5.4. Price
For all SERVICES, the CUSTOMER will find on the SITE prices displayed in euros, all taxes included.
The prices include in particular the value added tax (VAT) at the rate in force on the date of order. Any modification of the applicable rate may impact the price of the SERVICES from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the SERVICE.
The prices indicated on the SITE may change, in particular in the event of offers or special sales.
The indicated prices are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
However, in the event that the price of the SERVICE is not determined beforehand, or when an exact price cannot be indicated, the SERVICE PROVIDER will provide the CLIENT with a method of calculating the price or a sufficiently detailed estimate.
Article 6. RIGHT OF WITHDRAWAL
The modalities of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
Article 7. Payment
Article 7.1. Means of payment
The CUSTOMER can pay for his SERVICES online using the means offered by the PROVIDER.
The CLIENT guarantees to the PROVIDER that he holds all the authorizations required to use the chosen means of payment.
The SERVICE PROVIDER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the SITE.
It is for this reason specified that all the information relating to the payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
Article 7.2. Payment date
The CUSTOMER's account will be debited from the order of SERVICES placed on the SITE.
Article 7.3. Late or refused payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SERVICE PROVIDER Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled.
Article 8. Obligations of the parties
Article 8.1. CUSTOMER obligations
In order to allow the SERVICE PROVIDER to perform its SERVICES in the best conditions, the CLIENT undertakes to:
Pay the price set on the SITE
Respect all applicable laws and regulations
Inform the SERVICE PROVIDER of any information of which he may be aware and which could have an impact on the execution of these General Conditions.
Article 8.2. Obligations of the SERVICE PROVIDER
The SERVICE PROVIDER undertakes, within the framework defined by these General Conditions, to use all means to allow the execution of the SERVICES ordered by the CUSTOMER.
Article 9. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order of an amount greater than 120 euros including tax will be archived by the PROVIDER for a period of ten (10) years in accordance with article L. 213-1 of the consumer code.
The SERVICE PROVIDER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CLIENT.
In the event of a dispute, the SERVICE PROVIDER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 10. Liability
The SERVICE PROVIDER cannot be held liable in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SERVICE PROVIDER cannot be held responsible, or considered to have failed in these presents, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law French courts and tribunals.
It is also specified that the SERVICE PROVIDER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all responsibility for the information published there. Links to third party websites are provided for informational purposes only and no guarantee is given as to their content.
Article 11. Force Majeure
The SERVICE PROVIDER cannot be held liable if the non-performance or the delay in the performance of one of its obligations described in these CGS results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen at the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the SERVICE PROVIDER may not be held liable in particular in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as '' in the event of any circumstance or event external to the will of the SERVICE PROVIDER intervening after the conclusion of the CGS and preventing execution in normal conditions.
It is specified that, in such a situation, the SERVICE PROVIDER may not claim the payment of any compensation and may not bring any action against the SERVICE PROVIDER.
In the event of one of the above events, the SERVICE PROVIDER will endeavor to inform the CUSTOMER as soon as possible.
Article 12. Personal data
The SERVICE PROVIDER collects personal data about its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the PROVIDER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, unless the CLIENT no longer wishes to receive such communications from the PROVIDER.
The CLIENT's data is kept confidentially by the PROVIDER, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SERVICE PROVIDERS of the SERVICE PROVIDER involved in the ordering process. For commercial purposes, the PROVIDER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have expressly given their prior agreement when registering on the SITE.
The PROVIDER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS can change their mind at any time or by contacting the SERVICE PROVIDER. The SERVICE PROVIDER can also ask its CUSTOMERS if they wish to receive commercial requests from its partners.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as GDPR), the PROVIDER ensures the implementation of the rights of persons concerned .
It is recalled that the CUSTOMER whose personal data is processed has the rights of access, rectification, update, portability and erasure of the information concerning him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act and the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the CUSTOMER can also, for legitimate reasons, oppose the processing of data concerning him, without reason and without fresh.
The CUSTOMER can exercise these rights by sending an email to the address: email@example.com or by sending a letter to Parc d'Activité Le Revol, 128 CHE DES VIEILLES VIGNES - 84240 LA TOUR D'AIGUES.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the PROVIDER a photocopy of his identity document.
Article 13. Complaints
The SERVICE PROVIDER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: 0400000000 (number not surcharged). Any written complaint from the CUSTOMER must be sent to the following address: Parc d'Activité Le Revol, 128 CHE DES VIEILLES VIGNES - 84240 LA TOUR D'AIGUES.
Article 14. Intellectual property
All the visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.
These elements are the exclusive property of the PROVIDER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the PROVIDER's authorization in writing.
This authorization of the SERVICE PROVIDER will in no case be granted definitively. This link must be removed at the request of the SERVICE PROVIDER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its content, by whatever process, without the express prior authorization of the PROVIDER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these CGS constitutes recognition by the CLIENT of the PROVIDER's intellectual property rights and commitment to respect them.
Article 15. Validity of the General Conditions
Any modification of the laws or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any case authorize CUSTOMERS to disregard these General Conditions.
All conditions not expressly dealt with herein shall be governed in accordance with the practice of the retail trade sector, for companies whose head office is located in France.
Article 16. Modification of the General Conditions
These General Conditions apply to all orders for SERVICES made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely dated and may be modified and updated by the SERVICE PROVIDER at any time. The applicable General Conditions are those in force at the time of the order.
The modifications made to the General Conditions will not apply to the SERVICES already purchased.
Article 17. Jurisdiction and applicable law
These General Conditions as well as the relations between the CLIENT and the SERVICE PROVIDER are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the claim service of the SERVICE PROVIDER.
If no agreement is found, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract occurs, including relating to on its validity.
To initiate this mediation, the CLIENT can contact the PROVIDER's mediator: Medicys, whose contact details are: Concord - 73, Boulevard de Clichy - 75009 Paris and which can be entered via this link: https: //app.medicys-consommation. com /? proId = ef551664-84b5-4afa-b950-224bbca1e368.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
As mediation is not compulsory, the CUSTOMER or the SERVICE PROVIDER can withdraw from the process at any time.
In the event that mediation fails or is not envisaged, the dispute which may have given rise to mediation will be entrusted to the competent court designated above.
Article 18. Used Naos bed
Article 18.1. Purchase of used Naos bed
18.1.1 Ordering the used Naos bed
The CUSTOMER places an order directly on the SITE, via the basket of the Lit Naos Occasion product with or without mosquito net. The used Naos bed is available for purchase. Delivery costs are borne by the CUSTOMER.
Our used Naos product is only available in mainland France to date.
18.1.2 Prices and payment terms
The price of the used Naos bed is displayed on the WEBSITE.
Payment for the used Naos bed is made by bank card on the SITE when ordering.
18.1.3 Model of the used Naos bed
The used Naos bed may not correspond to the latest model of the original Naos bed available on the SITE, but to an earlier model. The model with mosquito net is also available for second-hand sale.
18.1.4 Optional product and accessories
The used Naos bed must include:
1 / the Naos frame
2 / the memory foam mattress
3 / and the transport bag.
Depending on availability, the second-hand Naos bed with mosquito net is also offered on the SITE at the price displayed on the SITE.
18.1.5 Condition of the used Naos bed
The used Naos bed is not under warranty.
The SERVICE PROVIDER undertakes to provide the CUSTOMER with a bed in good and clean condition. The CUSTOMER already accepts that the used Naos bed has slight minor aesthetic defects, without affecting its efficiency.
Article 18.2. Takeover by the SERVICE PROVIDER of the used Naos bed
18.2.1 Purchase of used Naos bed
On request, the PROVIDER buys the Naos bed from the CUSTOMER. Only an original Naos bed purchased on the SITE may be redeemed by the SERVICE PROVIDER, and not a second-hand Naos bed or an original Naos bed not purchased on the SITE.
To benefit from the redemption of the used Naos bed, the CUSTOMER sends an email to the SERVICE PROVIDER at firstname.lastname@example.org.
The SERVICE PROVIDER sends by return email a return slip (delivery slip) including the destination address of the package. The return slip is to be printed and affixed to the package containing the used Naos bed.
By sending the voucher, the return costs are thus borne by the SERVICE PROVIDER and free for the CUSTOMER.
18.2.2 Redemption period
The request to buy the used Naos bed must be submitted by the CUSTOMER within the maximum period of 24 months after the purchase by the CUSTOMER on the SITE, this in order to preserve the quality of the bed for the next users.
18.2.3 Prices and payment terms
The used Naos bed is bought by the SERVICE PROVIDER at a price of € 40.
After checking the condition of the bed, the SERVICE PROVIDER makes the payment by bank transfer or credit to the CLIENT's bank card, within three weeks of receipt.
18.2.4 Condition of the used Naos bed bought back
The used Naos bed must be in good condition, clean and odorless (normal use of the product).
Upon receipt, the SERVICE PROVIDER performs quality control on the condition of the bed.
- If the condition of the bed is satisfactory, the SERVICE PROVIDER confirms to the CUSTOMER by email the redemption of the used Naos bed and proceeds to payment.
- In the absence of a satisfactory condition according to the criteria mentioned below, the used Naos bed is returned to the CUSTOMER. In this case, the delivery costs incurred for transportation to the warehouse, costs relating to quality control and return costs are the responsibility of the CUSTOMER. An invoice corresponding to these costs will be issued by the SERVICE PROVIDER and sent by email to the CUSTOMER. Within 15 days of payment of the invoice, the Naos bed will be sent to the address indicated by the CUSTOMER.
Without return from the CLIENT or in the absence of payment within 30 days of sending the invoice, the used Naos bed will become the property of the SERVICE PROVIDER.
TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
The CUSTOMER has the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen (14) calendar days after the day of conclusion of the contract between the SERVICE PROVIDER and the CUSTOMER.
Notification of the right of withdrawal
To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or email) to: Parc d'Activité Le Revol, 128 CHE DES VIEILLES VIGNES - 84240 LA TOUR D'AIGUES or email@example.com.
He can also use the form below:
For the attention of [*] (* PROVIDER contact details)
SERVICE PROVIDER telephone number *:
SERVICE PROVIDER fax number *:
PROVIDER email address *:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Purchase order number:
- Ordered on [________________] / received on [________________]
- Method of payment used:
- Name of the CLIENT and, where applicable, the beneficiary of the order:
- CUSTOMER address:
- CUSTOMER signature (except in case of transmission by email)
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SERVICE PROVIDER undertakes to reimburse the total amount paid without undue delay and, in any event, at the latest fourteen (14) days from the day on which the SERVICE PROVIDER is informed of the CUSTOMER's desire to retract. Article L.221-24 of the Consumer Code).
The SERVICE PROVIDER will reimburse using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any event, this reimbursement will not incur costs. to the customer. If the CUSTOMER has asked to start performing the SERVICE during the withdrawal period, the CUSTOMER must pay the SERVICE PROVIDER an amount proportional to what was provided to him until the time of his withdrawal, this amount being calculated in relation to the all the services provided for in the CONTRACT.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Supply of goods or services whose price depends on fluctuations on the financial market
Supply of goods made to CUSTOMER specifications or clearly personalized
Supply of goods liable to deteriorate or expire quickly
Supply of audio or video recordings or sealed software which have been unsealed after delivery
Newspaper, periodical, magazine (except subscription contract)
Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services linked to leisure activities if the offer provides a specific date or period of execution
Supply of goods which by their nature are inseparably mixed with other articles
Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
The supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the real value of which depends on fluctuations in the market beyond the control of the PROVIDER
Supply of digital content not supplied dematerialized if execution has started with the express prior agreement of the consumer, who also recognizes that he will thus lose his right of withdrawal
Contracts concluded during a public auction