Terms of sales - Les Voyages En Ballon

PREAMBLE

The present “General Conditions of Sale” are concluded between, on the one hand, the company IBACA – LES VOYAGES EN BALLON, registered with: RCS Versailles, VAT Siret: FR3149399478400012 LVEB BP537 78005 VERSAILLES CEDEX Hereinafter called “IBACA” and on the other hand, persons wishing to make a purchase via the IBACA website https://lesvoyagesenballon.fr hereinafter referred to as “customers” These conditions only concern non-commercial individuals. The parties agree that their relationship will be governed exclusively by this contract. If a condition were to fail, it would be considered to be governed by the practices in force in the sector of distance selling whose companies have siege in France.

DEFINITIONS:

The following words or expressions shall have the following meanings:

Internet Store: means the IBACA website – LES VOYAGES EN BALLON on which Products are displayed and sold to customers.

Order: means the contract of sale between and the customer of the IBACA Internet Shop – LES VOYAGES EN BALLON.

Product sheet: refers to the classified information about a product provided by IBACA – BALLOON TRAVEL when the product is put on sale in its internet shop.

Products: means all the goods and services offered for sale by IBACA – LES VOYAGES EN BALLON in its internet shop.

Service: means the sale of Products by IBACA – LES VOYAGES EN BALLON to the customers of its Internet shop.

Transaction: refers to all operations, secure processing, authorizations and agreements relating to the payment of the price of Products ordered by credit card.

ARTICLE 1 – OBJECT

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of sale between IBACA – LES VOYAGES EN BALLON and its customers, from ordering to services, including payment and delivery. These general conditions of sale will prevail over all other conditions contained in any other document, except prior, express and written waiver.

ARTICLE 2 – ACCEPTANCE OF CONDITIONS

The customer acknowledges having read, at the time of placing an Order, these terms and conditions of sale and expressly accept them without reservation. These general conditions of sale govern the contractual relationship between IBACA – LES VOYAGES EN BALLON and its client, both parties accepting them without reservation.

ARTICLE 3 – PRODUCTS

The majority of products offered by IBACA – BALLOON TRAVEL to its customers is available immediately. However, all products marketed by IBACA – BALLOON TRAVEL are subject to an “estimated number of weeks to wait”.

ARTICLE 4 – ORDER

Automatic registration systems are considered to be proof of the nature, content and date of the Order. IBACA – LES VOYAGES EN BALLON will confirm to the customer the acceptance of the Order by sending a confirmation message to the email address that the latter has communicated. The sale will be concluded only from the sending of said order confirmation. IBACA – LES VOYAGES EN BALLON reserves the right to refuse or cancel any order from a customer especially in case of insolvency of said customer or in the event of a failure to pay the Order concerned or delivery or a dispute relating to the payment of a previous order. The particulars indicated by the customer, when entering the information inherent to his Order engage him. IBACA – LES VOYAGES EN BALLON can not be held responsible for errors made by the customer in the wording of the address of the recipient of the Order (delivery address, billing address in particular) and delays in delivery or inability to deliver the Products ordered that these errors could cause. Any order implies acceptance of prices and description of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below. The company IBACA – LES VOYAGES EN BALLON undertakes to honor orders received on the website only within the limits of available stocks of products. In the absence of availability of the product, IBACA – LES VOYAGES EN BALLON, undertakes to inform the user.

ARTICLE 5 – DELIVERY

After confirmation of the Order and subject to full payment of the price of the products ordered, IBACA – LES VOYAGES EN BALLON undertakes to send to its customer, under its responsibility, the products ordered to the delivery address within 48 days. at 72 hours, working days. All Products stipulated in the Orders placed at IBACA – LES VOYAGES EN BALLON is intended for the personal use of customers or recipients whose name is mentioned at the delivery address.

WARNING !

When a product is temporarily unavailable, it may however be offered for sale. The company IBACA – LES VOYAGES EN BALLON undertakes to specify during the purchase (on the first order page) the delivery date of the said product. When ordering multiple items, some of which are unavailable, the entire order will be delivered on the latest available date. Do not hesitate to contact us for any information. In this case, the customer agrees to settle upon receipt, all taxes, duties, taxes and other charges present and future due in respect of the delivery of said products themselves; the joint and several liability of IBACA – LES VOYAGES EN BALLON can not at any time be engaged in this respect. The customers or the recipients of the Products are prohibited any partial or total resale of the Products. Delivery will be made by mail. This service is provided by La Poste. The delivery time is taken into account from the delivery of your package to La Poste. This service is charged 3 € for Metropolitan France. For other destinations (see Preamble), shipments are made by international registered mail. This service is charged 9 € for EUROPE / DOMTOM and 15 € for the REST OF THE WORLD. Any delays in delivery attributable to the carrier do not entitle the customer to claim damages. Products ordered are transported at the risk of the recipient. Upon receipt of the Products ordered, the customer or the recipient will have to check the good functioning and / or the good condition of the delivered goods. In the event that one or more of the Products ordered are missing or damaged, the customer or the recipient must make any reservations with the carrier at the time of delivery. In case of apparent defects, the customer has the right of return under the conditions provided. Are considered as force majeure discharging its obligation to deliver, war, riot, fire, strikes, accidents and the impossibility of being supplied. For reasons of availability of the Products ordered, an Order may be the subject of several successive deliveries to the customer. In the event that the customer would like the Products ordered to be delivered to two different addresses, it will be necessary for the latter to pass 2 separate Orders.

ARTICLE 6 – PRICES

The price on the product sheets is expressed in euros including taxes. They take into account the VAT applicable on the day of the order. These prices are exclusive of shipping costs. If one or more taxes or contributions, including environmental were to be created or modified, up or down, this change can be reflected in the selling price of the items on the site IBACA – LES VOYAGES EN BALLON. The price indicated in the order confirmation is the final price expressed all taxes including VAT. This price includes the price of the Products, the costs of handling, packaging and storage of the Products, transportation and commissioning costs.

ARTICLE 7 – PAYMENT

The price charged to the customer is the price indicated on the order confirmation sent by IBACA – LES VOYAGES EN BALLON. The price of the Products is payable in cash by one of the means of payment offered on the site on the day of the actual order.

ARTICLE 8 – RETRACTATION

All items may be exchanged or refunded except those marked to the contrary. The refund is due within a maximum period of 7 days from the date of receipt or withdrawal of the package. In case of exercise of the right of retraction, IBACA – LES VOYAGES EN BALLON undertakes to refund the sums paid by the customer, free of charge, with the exception of the expenses of return. In this case, the customer must return the new products in their original packaging, intact, together with any accessories to the following address: LVEB BP 537 78005 VERSAILLES The request for exchange by the customer must occur within 15 days from the date of receipt or withdrawal of the package. In this case, the customer must return the new products in their original packaging, intact, together with any accessories to the following address: LVEB BP 537 78005 VERSAILLES For any exchange of size, the costs of exchange of the product are the responsibility of the customer. If the new order is of a higher amount, the customer must attach to the exchange request the payment of the balance. Conversely, if the amount of the exchange is less than the initial amount, the customer will receive a check letter upon receipt of the request.

ARTICLE 9 – GUARANTEE

In all cases IBACA – LES VOYAGES EN BALLON can not be held responsible for non-compliance with the regulations and laws in force in the country of reception. The liability of IBACA – LES VOYAGES EN BALLON is systematically limited to the value of the Product in question determined at the date of sale and this without recourse to the brand or the company producing the product. In any case, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 and following of the Civil Code. The user benefits for the articles of a guarantee allowing him to return the defective delivered articles in accordance with the articles L 211-4 and following of the Code of the consumption · Article L211-4 code of consumption The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. · Article L211-5 code of consumption

To be in conformity with the contract, the property must:

1º Be fit for the usual use of a similar good and, where appropriate: – correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model; – present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. The customer can contact the customer service by phone (06 28 34 46 75) or by email at: bruno/@/lesvoyagesenballon.fr Answer: 24 hours maximum

ARTICLE 10 – LIABILITY

IBACA – BALLOON TRAVEL undertakes to describe with the utmost accuracy the products sold on the IBACA website – LES VOYAGES EN BALLON The responsibility of IBACA – LES VOYAGES EN BALLON will, in any event, be limited to the amount of the order and can not be blamed for simple errors or omissions that may have remained despite all the precautions taken in the presentation of products In case of difficulties in the application of this contract, the customer and reserve the possibility, before any legal action, to seek an amicable solution. Otherwise, for commercial customers, the Commercial Court of the place of residence of IBACA – LES VOYAGES EN BALLON is only competent, whatever the place of delivery and the mode of payment accepted. The responsibility of IBACA – LES VOYAGES EN BALLON can not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.

ARTICLE 11 – INTELLECTUAL PROPERTY

Subject to the possible rights of partners of IBACA – LES VOYAGES EN BALLON or any other third party, the Users acknowledge that the Site (including all the information accessible under the Service, notably in the form of texts, photos, images, sounds , data, databases and downloadable programs, including the underlying technology), is protected by intellectual property rights and / or other rights that IBACA – BALLOON TRAVEL owns or is authorized to use. Users may not under any circumstances store offline, reproduce, represent, modify, transmit, publish, adapt on any medium whatsoever, by any means whatsoever or exploit in any way whatsoever, the elements of the Site and the Site itself without the prior written permission of IBACA – LES VOYAGES EN BALLON. Users must comply with all notices relating to the intellectual property rights and other rights of IBACA – LES VOYAGES EN BALLON (or third parties) on the Site and not alter, delete, modify or use them without the authorization Written Advance of IBACA – LES VOYAGES EN BALLON or otherwise impair it.

ARTICLE 12 – INTEGRALITY

In the event that any of the clauses of the present contract would be null and void by a change of legislation, regulation or by a court decision, this can not in any way affect the validity and the respect of the present general conditions of sale.

ARTICLE 13 – DURATION

These conditions apply throughout the duration of online services offered by the company IBACA – LES VOYAGES EN BALLON

ARTICLES 14 – LEGAL INFORMATION

The information of the personal information collected for the purposes of the distance selling is obligatory, this information being essential for the treatment and the routing of the orders, the establishment of the invoices and contracts of guarantee. The lack of information leads to the non-validation of the Order. In accordance with the law “Informatique et Libertés”, the processing of personal information relating to customers has been declared to the Commission Nationale Informatique et Libertés (CNIL). The customer has (Article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with CUBBIK. In addition, undertakes not to communicate, free of charge or with consideration, the details of its customers to a third party.

ARTICLE 15 – APPLICABLE LAW

These general conditions of sale are subject to French law. The court of jurisdiction in case of dispute will be that of the place of residence of the company IBACA – LES VOYAGES EN BALLON.