These General Terms and Conditions of Sale detailed below (hereinafter referred to as the ""GTC"") govern the contractual relations between any user of the site, wishing to purchase products or services via the company's website or by telephone. , hereinafter referred to as the "Client", and the company MOOVILY, whose registered office is located at 91 avenue de Saint Médard, 33320 Eysines, SAS with a share capital of 4000 euros, registered in the Bordeaux Trade and Companies Register under the number 850 251 893, represented by Mrs. JOYON, as manager (hereinafter referred to as "the Seller").
The Seller is a distributor of leisure services exclusively for consumers, marketed on the website https://www.moovily.fr
The list and description of the products and services offered by the company MOOVILY can be consulted on the aforementioned site.
Article 1: Purpose and general provisions
These T & Cs apply to all sales of products, made through the company's website, which are an integral part of the contract between the Customer and the Seller.
These general conditions of sale are the only ones applicable and replace all other conditions, except with prior agreement, express and written.
At any time, the Seller reserves the right to modify certain provisions of these conditions of sale, by publishing a new version on its website.The applicable GTC are then those in force on the date of payment for the order (or the first payment in the event of multiple payments).
The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click.
The Customer declares to have read all of these GTCS, and where applicable the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation.
The Client acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
The prices of the products / services sold through the website are indicated in euros including VAT and precisely determined on the product / service description pages. They are also indicated in euros all taxes included (VAT + any other taxes) on the order page for products / services, and excluding specific costs.
The company reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of the ordering.
The telecommunications costs necessary for access to the company's website are the responsibility of the Customer.
2.1: Secure payment
In the event of payment by payment card, the customer's order will only be validated after the account has been debited with the authorization of the competent payment centers. In the event of a lack of authorization, the customer's order cannot be taken into account.
Any service not provided for in the purchase must be paid for on the website www.moovily.fr.Payment for the services ordered is made by direct debit at the time of the reservation made on the moovily.fr website via a secure payment system PAYPLUG or STRIPE which allows the encryption of the Customer's bank details when they are sent. transmission over the network.
2.2: Supporting documents
Upon final validation of the order under the conditions indicated in article 2, the company MOOVILY undertakes to send the Customer the booking confirmations in connection with the order for products, services, as well as the invoicing elements.
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps specific to each product offered by the Seller in order to be able to place his order. However, the steps described below are systematic:
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the request confirming it. He will receive a copy in PDF format of these GTC.
During his ordering process, the customer will have the opportunity to identify any errors made in entering data and to correct them.The language proposed for the conclusion of the contract is French.
For the purpose of carrying out the order properly, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the reservation, for example for any abnormal request, made in bad faith or for any legitimate reason.
Reservation: the order for services can only be entered into by the Customer after having read and formally accepted the terms of the GTC in their entirety. Before any order, the Customer must have accepted these GTC by checking the box or by clicking on the hypertext link provided for this purpose on the website. The Customer declares and acknowledges having perfect knowledge of these GTCS and accepts the said conditions. No order can be finalized without the express acceptance by the Customer of these GTCS. To place an order, the Customer must be legally capable of contracting within the meaning of French regulations.All reservations are firm and final, except exercise of the right of withdrawal provided for in article 6, or modification / cancellation under the conditions provided for in articles 7 and 8 of these GTC.
MOOVILY is at the Customer's disposal to provide him with any additional information on these services. Confirmation of the T & Cs implies implicit recognition by the Customer that he has obtained all the desired information on the nature and characteristics of the services. A printed version of the GTC as well as any information sent electronically will be admitted in any legal proceedings concerning the application of these GTC in the same way and under the same conditions as any other document written and kept in paper format.
The sale becomes firm and final upon validation by the Customer of the summary of the services ordered and payment of the full price of the services ordered.As long as these conditions are not fulfilled, the sale will not be considered as completed and the company MOOVILY will not be required to perform the services during the order. As soon as the sale is validly formed, it can no longer be subject to any modification or cancellation by the Customer.
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website. The customer certifies having received a detail of the terms of payment, validation and execution of the contract.
The Seller undertakes to honor the Customer's order within the limit of availability only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order.The parties agree that the illustrations or photos of the services / products offered for sale have no contractual value. The period of validity of the product offer as well as their prices are specified on the company's website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided). MOOVILY does not provide for reimbursement once the service has been provided.
Article 5: payment
Sending the request after completing the online form and providing the bank imprint as a guarantee (hosted by the Elloha mmodule) received by Moovily who will validate it depending on the partner's availability. The validation will result in the actual payment of the order through the secure Stripe network.
If the request cannot be confirmed, a Moovily agent will contact the customer in order to propose a new niche or another activity by email or telephone.
For specific requests through a Moovily contact, a Payplug secure payment link will be sent to the customer by email.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art with PCI-DSS certification and cannot be read during transport on the Stripe or Payplug network.
The customer is brought to the Moovily.fr payment page of the elloha reservation module by a link sent by email, he can complete the order verification questionnaire, accept the GTC and validate his payment via STRIPE.
In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable.By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event of the impossibility of debiting the card, the Sale is immediately terminated as of right and the order canceled.
5.2: Confirmation of the reservation
A reservation file with the status: "Reservation confirmed" is issued by the company MOOVILY with the exact amount invoiced, the content of the services ordered as well as the GTCs recalled and the terms and conditions of exercise of the rights from which it can benefit, as well as the address to which he can present his complaints. This confirmation constitutes acceptance of the order and will validate the transaction. The Customer accepts that the order recording systems constitute proof of the purchase and its date.
Article 6:Conditions of performance of services
6.1: General provisions
The duration and content of each service is that stipulated by MOOVILY.
For the proper performance of certain services, the Customer must arrive on the specified day at the times mentioned or contact the Service Provider directly.
6.2. Products and services
The times indicated are to be respected in order to guarantee the smooth running of the Service. In the event of a significant delay by the Customer, the Service Provider will be free not to perform the Service; in this case, the Customer is solely responsible for his delay and the price of the Service will be invoiced to him in full. In the event of a change in the activities offered by the Service Provider, MOOVILY's liability may not in any event result in any obligation of result or any compensation for the benefit of the Customer.
The same applies in the event of termination of services, in particular for climatic reasons, for cases of force majeure or when the number of participants required to carry out the activity is not reached. In the event of a cancellation by the Service Provider, when before the start of the service, the Service Provider cancels one of his services, the latter or MOOVILY must inform the Customer by all means. The Customer, without prejudice to any recourse for compensation for any damage suffered, will be reimbursed, without penalty, of the sums paid.
Article 7: Modification by the Customer
Any modification request relating to a reservation recorded by MOOVILY must be immediately reported by the Customer.
By contacting MOOVILY directly, by mail addressed to MOOVILY 91 avenue de saint Médard 33320 Eysines - Tel. + 33 (0) 220.127.116.11.08 email: email@example.com
It is specified that reservations made by the Customer viathe online sale of the website www.moovily.fr are firm and final after validation by Moovily. In any case, no modification on the part of the Customer can intervene with regard to the services. Customers who wish to cancel one or more services are therefore advised to take note of the conditions for canceling or modifying the reservation.
8.1: Cancellation context
Any total or partial cancellation must be made through the online site at www.moovily.fr through the "Contact" area or by telephone at 06.33.18.62.08.
No refund will be made in the event of cancellation of a session by the Client. In addition, article 121-21-8 of the Consumer Code does not provide for withdrawal periods for the reservation of leisure activities on the internet, however, by contacting Moovily as soon as possible and if the period before day d of the service allows it, management can try to find a solution for a postponement of the date or a change of activity.
In the event of cancellation of a session by MOOVILY, the exchange for another service or full refund will be offered. MOOVILY will endeavor to notify the buyer as soon as possible. In the event of a customer delay of more than or equal to 15 minutes on the reserved service, MOOVILY reserves the right to cancel this session, without any refund being made.
8.2: Situation in the event of special pricing
The Customer's attention is drawn to the fact that certain services reserved by intermediaries and which benefit from special pricing (promotions, special rates) cannot be modified or canceled.
When, before the scheduled start date of the service, MOOVILY is forced to make a modification to one of the essential elements of the contract, the Customer may, after having been informed by MOOVILY by any means:
- Or terminate their contract and obtain immediate reimbursement of the sums paid without penalty;
- Or accept the modification or substitution of the service offered by MOOVILY; an amendment to the contract specifying the modifications made then being accepted by the parties;
- If the replacement service is cheaper than the service ordered, the overpayment will be returned to the Customer before the start of the service. In the opposite case, a supplement must be paid by the Customer.
Article 10: Complaints
If applicable, the Customer may submit any complaint by contacting the company using the following contact details: by mail to MOOVILY 91 avenue de Saint Médard, 33320 Eysines or by email: firstname.lastname@example.org .
Trademarks, domain names, products, software, images, videos, texts or more generally any piece of information and object of intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The fulfillment of the Seller's obligations at the end of these GTCS is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The Seller will notify the customer of the occurrence of such an event as soon as possible.
A case of force majeure as defined below will suspend the obligations hereof from its occurrence.Are contractually considered as force majeure resulting in the suspension of the contract and the exemption from liability, if they occur after the conclusion of the contract and prevent its execution, labor disputes on a national scale, fire, explosion, mobilization, requisition, embargo, insurrection, general lack of means of transport, general lack of supply of raw materials, restrictions on the use of energy. The Service Provider reserves the right to cancel any reservation in the event of force majeure and to change the date. If the Service Provider is obliged to cancel the service before the Customer has been able to start the activity, he will be offered a postponement of the activity.
Article 13: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.Any contractual modification is only valid after a written agreement signed by the parties.
Article 14: Protection of personal data
14.1. : Rights and access to personal data
In accordance with the French law ""Informatique et Libertés"" n ° 78-17 of January 6, 1978 amended in 2004 and the European data protection regulations, the customer has the right to access and rectify information concerning him as well as a right to object to the processing of their data and to portability.
The personal information communicated by the Customer, including the number, name and address associated with the credit card, on the website enables orders to be processed and executed and is encrypted to prevent them from being read. when they are transmitted over the internet using encryption software.In accordance with article 32 of the law of January 6, 1978 (Data Protection Act) amended by law 2004-801 of August 6, 2004, the information essential to process and execute orders is indicated by an asterisk in the pages of the site. Other requests for information requiring an optional response from the Customer are justified by the desire to know more about the Customer and to improve the services offered to him.
14.2: Communication and modification of personal data
The use of the databases present on the online sales site is exclusively intended for the use of the company MOOVILY. They can not under any circumstances be sold or transferred to a third party organization, with the exception of the transfer to the service provider (s) of the customer file. The Customer has the right to access, modify, rectify and delete data concerning him. To exercise this right, it is sufficient to contact MOOVILY 91 avenue de saint Médard 33320 Eysines - Tel.+ 33 (0) 18.104.22.168.08 - email: email@example.com
Article 15: Liability
MOOVILY cannot be held responsible for the total or partial non-performance of the services ordered or the total or partial non-compliance with the obligations stipulated in these GTC, in the presence of fortuitous events, cases of force majeure, poor performance, faults committed by the Customer, or unforeseeable and insurmountable facts of a third party foreign to the provision of services.
Article 16: Disputes / complaints
These General Conditions of Sale, the order and all acts resulting therefrom will be executed and interpreted in accordance with French law.
Any complaint relating to a service must be sent by registered letter with acknowledgment of receipt to the company MOOVILY, within 10 days of the date of completion of the service, to the following address:91 Avenue de Saint Médard, 33320 Eysines Tel. + 33 (0) 6 33 18 62 08 - email: firstname.lastname@example.org
Otherwise, no complaint will be accepted by MOOVILY.
The parties will seek, before any litigation, a possible amicable agreement.
MEDIATION: For all complaints already filed in writing with the Seller for less than a year and not satisfied, in accordance with article L.616-1 of the Consumer Code, the customer can use the MEDICYS mediation service free of charge, by electronic means via the link https://app.medicys.fr/ or by post: MEDICYS- Center for mediation and amicable settlement of judicial officers - 73, Boulevard de Clichy, 75009 - Paris, FRANCE.
Any dispute of any kind or any dispute relating to the formation or execution of the order, even in the event of a warranty claim or multiple defendants, will fall within the jurisdiction of the French courts in the absence of an amicable agreement.
Article 17 - General provisions
MOOVILY has taken out professional liability insurance with HISCOX DIRECT SAB217018 RCS PARIS 833546989, the policy taken out bears the number HSXPM310018462.
The fact that MOOVILY does not avail itself, at a given time, of one of the provisions of the GTCS cannot be interpreted as a waiver by itself to subsequently avail itself of one of these provisions.
In the event that one of the provisions of the GTC is declared null or of no effect, this provision will be deemed unwritten, without this affecting the validity of the other provisions, unless the provision declared null or of no effect is essential and decisive. .
The fact that MOOVILY does not avail itself at a given time of any one of these GTCS cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said conditions.Except in the event of fraud of which it is up to him to provide proof, the Client is financially responsible for his actions on the website, in particular for the use that will be made of his Client name and his password. He also guarantees the veracity and accuracy of the information concerning him provided on the website. Any use of the website which would be fraudulent or which would be deemed fraudulent, which would contravene these GTC, will justify the Customer being refused, at any time, access to the services offered by MOOVILY or other functionalities of the website.
Article 18: applicable law
All the clauses appearing in these GTC, as well as all the purchase and sale operations referred to therein, will be subject to French law.