General terms and conditions of sale
“Set Out for the Golden River!” is a cross-border marketplace managed by Lys Sans Frontières:
Lys sans Frontières
2 rue de la Lys
F-59253 LA GORGUE
+33 (0)3 28 44 02 06
capsurlarivieredor@lys-sans-frontieres.org
The general terms and conditions of the marketplace formally define commercial transactions for vendors as well as compliance with the brand image of the “Lys Valley” destination based on eco-tourism and sustainable development. They apply to the sale of products proposed by registered service providers on the cross-border marketplace. The vendors shall guarantee this compliance and undertake to honour these terms and conditions by making sure that they propose high-quality services and that these services are properly executed for each customer.
Lys sans Frontières has taken out a professional civil liability policy with MMA. Each service provider shall engage its own civil liability during the sale of its own products.
1. PRICES AND AVAILABILITY OF PRODUCTS
The prices cited by the vendors are indicated with VAT included but before shipping and handling (unless specified otherwise).
Each product proposed on the website is available in stock (unless specific otherwise, thus preventing the transaction). Each vendor on the marketplace is responsible for its own inventory and guarantees the availability of products put up for sale on the marketplace.
2. INVOICING
An automatic, detailed invoice shall be sent by e-mail upon confirmation of your purchase order. The invoices are issued in euros (€) on the basis of prices indicated on the website at the time of the purchase order.
3. PAYMENT MODES
a. Secure on-line payment (credit/debit card)
A secure payment procedure by credit/debit card has been put in place on the cross-border marketplace thanks to a partnership with PayGreen. This procedure is based on information encryption technology that is a true reference in the field of secure on-line payment. To place an order with a credit/debit card on the marketplace, you must enter your card number and expiration date, which are immediately encrypted on your computer before being sent over the Internet. As such, no confidential information circulates on the Internet without prior encryption. Caution: the only authorised credit/debit cards are CB NATIONALE, VISA, MASTERCARD, VISA ELECTRON, MAESTRO, AMEX.
b. Payment by cheque or bank transfer
Payments by cheque or bank transfer may be accepted. In such a case, you must contact Lys Sans Frontières, which will contact the vendor in order to finalise your order.
In compliance with French Act no. 80-335 of 12 May 1980, shipped merchandise remains the vendor’s property until payment in full. As such, vendors cannot guarantee the availability of their products prior to receipt of payment.
Customs taxes and duties:
- Shipment in France and the European Union: regulations are set by the European Union.
- Shipment to a country outside the European Union and within DOM TOM (French overseas department and territories): any customs duties, taxes, royalties or various forms of taxation shall be paid by the recipient.
The amounts of these taxes depend on the regulation in effect in each destination country. The marketplace vendors have no control on these taxes and cannot predict their amount.
As a function of Customs regulations in each country, it is the customer’s responsibility to obtain information from relevant local authorities about any import limits in the destination country for the products they want to order.
The customer is responsible for verifying, in advance and under their sole responsibility, that the importation and consumption of these products is compliant with the laws in force in the delivery country.
4. “MONEY BACK” GUARANTEE
In virtue of Article L121-16 of the French Consumption Code, the customer has a period of seven business days from the date of receipt of their order in order to return products to the vendor for exchange or reimbursement with penalties, with the exception of return shipping costs.
- If the package and/or products are returned unopened and still in their original packaging; possible reimbursement for the package and/or products, with return costs at your expense.
- If the package and/or products are returned because one or more products is or are defective: reimbursement for the package and/or products, shipping costs and any return costs.
Reimbursements are made within fifteen (15) days following receipt of the returned products. In the case of return of merchandise, please precisely indicate your: name, address, telephone number, purchase order date and number.
5. ORDER ANALYSIS SYSTEM
The information pertaining to your purchase order is subject to automated data processing managed by PayGreen. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat credit/debit card fraud.
PayGreen and the “Set Out on the Golden River!” marketplace on which you conduct purchases are the recipients of data pertaining to your purchase order. Non-transmission of data pertaining to your purchase order prevents the execution and analysis of your transaction.
Non-payment for reasons of fraudulent credit/debit card use shall lead to the recording of details about your order associated with this unpaid amount in a payment incident file implement by the bank services provider PayGreen. Any unauthorised declaration or anomaly may also be the subject of specific processing.
In compliance with the Information Technology, Data Files and Civil Liberties Act of 6 January 1978, you have the right to access, rectify and challenge all of your personal data at any time in writing, by mail sent to PayGreen with proof of your identity.
6. BOOKING AND PAYMENT
Any booking shall be considered effective upon on-line payment of the total amount for the service. Nevertheless, special conditions for cancellation or modification shall exist in accordance with products and vendors (see “7. Conditions for Cancellation or Modification & Claims”). If the service has not been paid in full, the booking cannot be confirmed.
7. CONDITIONS FOR CANCELLATION OR MODIFICATION & CLAIMS
c. Modification or cancellation of services by the customer
After confirmation of the booking has been sent by the vendor, the services shall comply with the rules established by the vendor as concerns modifications, reimbursements or exchanges.
The customer expressly authorises vendors to charge the credit/debit card in question for payment of a security deposit equivalent to 100% of the remaining balance due to the service provider in the event the customer does not show up on the service provider’s premises on the start date of the service (see general terms and conditions of sale during purchase of your products).
The existence of intermediaries (hotel operators, heritage sites, etc.) and payment deadlines requires trip organisers to charge progressively higher cancellation fees as the date for the stay and consumption of the service draws nearer. In case of cancellation by the customer, reimbursement of sums paid shall occur with deduction of the amounts (cancellation fees) described below as a function of the cancellation date with regards to the service date. Insurance fees are never reimbursed.
Any service that is interrupted, shortened or not consumed at the customer’s initiative shall not give them the right to any reimbursement or indemnity.
For the booking of stays and/or tourist packages, cancellation by one or more participant(s) shall lead to the application of the cancellation fees cited above as well as, if applicable, a change in the base price related to the final number of participants.
d. Modification or cancellation of services by the service provider
If an essential element of the service in question is rendered impossible owing to a case of force majeure, a modification imposed by the service provider, notably as concerns prices, availability or any other external event, the service provider shall quickly inform the customers about the new terms of the service. The customer may then either accept the changes proposed by the service provider or cancel their booking, it being specified that the customer must inform the service provider of their choice as soon as possible and, under all circumstances, prior to the start date of the service.
In case of cancellation by the vendor, the reimbursement of sums paid shall be effected without any deduction, except for any transaction fees that may have been deducted from the service provider's account.
If the service provider is forced to cancel the services, without any fault on the customer’s part, all of the sums paid by the latter shall be returned to them. The vendor alone shall be responsible for any transaction fees that apply to payment by the customer.
e. Transfer of contract
In compliance with Article L.211-11 of the French Tourism Code, as long as the contract has not produced any effect, a customer may transfer it to a third party under the conditions stipulated by applicable law and regulations, with the exception of any insurance, it being specified that the transferor and transferee are, if applicable, jointly responsible with respect to the service providers in question for the payment of the price for the booked services. Consequently, no reimbursement shall be effected by a service provider on the basis of a transfer of service. The transferor and the transferee must handle any reimbursement between themselves.
f. Claims
Under the hypothesis of a request for information, claims, modification or cancellation of an already booked stay or service, prior to the service start date, the customer may contact the vendor to change the booking date for the service, in accordance with the vendors’ general terms and conditions and in compliance with deadlines.
In the event of a claim after the start date, any claim must be sent by the customer to the vendor of the service, in accordance with the conditions established by the latter with a copy sent to Lys Sans Frontières (capsurlarivieredor@lys-sans-frontieres.org).
Claims are accepted only to the extent that the difficulties in question have been reported to Lys sans Frontières or to the partner within the framework of the service or stay in question, so that an attempt can be made to remedy the situation and minimise the damage for the customer. No claim shall be accepted if it applies to loss, damage or theft of baggage, clothing or personal items that are under the customer’s surveillance during the trip or stay.
8. COMPLIANCE OF PROGRAMMES
In case of force majeure, some services may be cancelled owing to numerous claims or issues encountered with the service provider. Reimbursement for services already paid for shall then be executed in full by the service provider itself, without any cost for the buyer.
In case of delay or issues due exclusively to the participants (transport, etc.), the service providers shall not be held liable for the cancellation of all or part of the services.
9. TRANSPORT AND LIABILIITY
The merchandise shall be shipped at the buyer’s expense, risk and peril. It is their responsibility to verify the contents of the package(s) upon receipt and to report any reservations to the carrier. Until effective payment in full, vendors shall remain owners of the goods sold.
10. RETENTION OF OWNERSHIP
Transfer of ownership shall occur upon full payment; however, the buyer shall become responsible for the items upon delivery, since the transfer of possession signifies transfer of risks.
11. SALE OF ALCOHOL TO MINORS
In compliance with Article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under age sixteen (16) is prohibited. When filling out the order form, you state that you are at least sixteen (16) years of age on the order date by ticking the box to accept the general terms and conditions of sale.
12. DATA CONFIDENTIALITY
g. Right of access and rectification
To meet your needs and to ensure optimal remote service, we have to save some information about you (surname, first name, address). If you do not want us to do so, write to us at capsurlarivieredor@lys-sans-frontieres.org, indicating your surname, first name and address. You can also do this to edit information about you that appears in the “Customer Space”. Lys Sans Frontières undertakes not to transfer your details for purposes of solicitation.
In application of the Information Technology, Data Files and Civil Liberties Act of 6 January 1978, you have the right to access and rectify data concerning you. You can also have it rectified by making your request to Lys sans Frontières (+33 (0)3 28 44 02 06).
h. Bank information
All bank information communicated during a purchase on the cross-border marketplace is neither stored nor visible on the Internet. Thanks to its secure system meeting SSL standards, “Lys sans Frontières” certifies the confidentiality of your data.
13. INSURANCE
Unless stipulated otherwise in the contract, no insurance services are included in the listed prices for travel or stays. Service providers may propose insurance: cancellation, insurance and baggage. Depending on the type of credit/bank card you use, insurance may be included. Please contact your card provider for more information.
14. FORMALITIES
Unless specified otherwise, customers must bring their valid passport or national identity card with them.
For coach trips, coach operators who organise said trips are solely responsible for them and must obtain the authorisations or insurance required by Customs or insurance regulations as a function of the countries in question (numbers plate, registration stickers, taxes, tolls, parking, etc.). Any costs incurred by these formalities are at the coach operator's expense.
15. APPLICABLE LAW AND JURISDICTION
In case of difficulties in enforcing the present terms and conditions of sale, we ask you to seek an amicable solution by contacting the Lys Sans Frontière association, which is owner and administrator of the “Set Out for the Golden River!” website.
Lys sans Frontières
+33 (0)3 28 44 02 06
capsurlarivieredor@lys-sans-frontieres.org
The present contract is governed by French law. Any dispute arising as part of the execution or interpretation of the present contract shall be brought before the courts of Dunkirk, which shall have sole jurisdiction in case of claims or disputes.