Terms of Service
Montsaintmichelvoyages is a web platform, accessible at the address www.montsaintmichel-voyages.com (the "Site") operated by Mont Saint Michel Voyages, a limited liability company with a capital of 8,000 euros, with its head office located at 12 rue de Métairie BOUCEY (50170), registered in the Coutances trade and companies register under the identification number 440 318 681 and whose intra-community VAT number is FR64 440 318 681 (the “Company”). Said platform is dedicated to the sale of various items.
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The purpose of these General Conditions of Use (the “Conditions” or taken as a whole, the “Contract”) is to define the terms and conditions governing the relationship between Users and the Company. These Conditions constitute a contractual agreement for an indefinite period from the acceptance by the User of this Contract.
The User undertakes during each of his visits to the Site to comply with all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and accepts to be bound by these provisions. If the User accesses the Site on behalf of a company or any other legal entity, he is nevertheless personally bound by this Agreement.
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Article 1 - Definitions and rules of interpretation
1.1. Definitions
Unless defined in other sections of this Agreement, capitalized terms and expressions used below have the following meanings:
"Condition (s)" has the meaning attributed to it in the previous description;
"Contract" has the meaning attributed to it in the preliminary description;
“Service (s)” means the service or services offered by the Company on the Site as referred to in article 2.1;
"Company" has the meaning attributed to it in the preliminary description;
"Site" has the meaning attributed to it in the preliminary description; and
"User" means any natural or legal person using the Site.
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1.2. Rules of interpretation
The rules set out below apply to the interpretation of this Contract:
(a) The titles of the articles and annexes are included for convenience and in no way affect the interpretation of any of the provisions of this Agreement;
(b) The use of the expressions “including”, “in particular”, or “in particular” implies that the list which follows them is not limitative or exhaustive;
(c) The term “or” is not exclusive;
(d) The definition given to a singular term also applies to that term when it is used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;
(e) The counting of time limits expressed in days, months or years must be made in accordance with the provisions of Articles 640 to 642 of the Code of Civil Procedure;
(f) Any reference to a party includes a reference to its heirs, successors and assigns; and
(g) Any reference to a document means that document as it could be modified or replaced (other than in violation of the provisions of this Agreement).
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Article 2 - Eligibility for Services - Creation of an Account
2.1. Eligibility for Services
To be eligible for the service of purchasing articles on the Site (the “Service (s)”) governed by the general conditions of sale appearing on this site, the User must be a natural person having reached the age of 18 years and having full legal capacity.
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2.2. Account creation
The creation of a member account on the Site is a prerequisite for using the Services. It involves completing the registration form, available on the Site, providing accurate, up-to-date and complete information. This information must subsequently be regularly updated by the User in order to preserve their accuracy.
The User must choose a username, a valid email address and a password.
The access codes to the User account are strictly confidential. In the event of unauthorized use of his account or any breach of the confidentiality and security of his means of identification, the User must, without delay, inform the Company.
Each User undertakes to create only one account corresponding to his profile.
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Article 3 - Use of the Site
3.1. Right of access to the Site
The Company, according to these Conditions, grants Users a revocable, non-exclusive, non-transferable limited access right to the Services and the Site on a strictly personal basis. Any contrary use of the Site for its purpose is strictly prohibited and constitutes a breach of these provisions.
Use of the Site requires a connection and an internet browser. In order to guarantee the proper functioning of the Site, it is specified that the Site is optimized for:
- A screen resolution of 1200x768px - responsive version (tablet, phone)
- The latest versions of Edge, Chrome, Firefox and Safari browsers.
All hardware and software necessary for access to the Site and use of the Services remain the sole responsibility of the User.
The Company reserves the right to suspend, modify, replace, refuse access or delete at its discretion User accounts.
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3.2. User obligations
Users refrain from:
1. to transmit, publish, distribute, record or destroy any material, in particular the contents of the Site, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;
2. to create fictitious profiles;
3. to provide inaccurate information in the form or not to update it regularly;
4. to disseminate data, information, or content of a defamatory, abusive, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in vigor or morality;
5. to reference or create links to any content or information available from the Company's sites, except with the express, prior written consent of the Company;
6. obtain passwords or personal identification data from other Users;
7. to use information, content or any data present on the Site in order to offer a service considered, at the sole discretion of the Company as competitive with the Site;
8. to sell, exchange or monetize information, content or any data present on the Site or service offered by the Site, without the express written consent of the Company;
9. to reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain source code in relation to any underlying intellectual property used to provide all or part of the Services;
10. to use software or manual devices or automatons, coding robots or other means to access, explore, extract or index any page of the Site;
11. endanger or attempt to endanger the security of a Company website. This includes attempts to monitor, scan or test for the vulnerability of a system or network or to violate security or authentication measures without express prior authorization;
12. counterfeit or use the products, logos, brands or any other element protected by the intellectual property rights of the Company;
13. to simulate the appearance or operation of the Site, for example by performing a mirror effect;
14. disrupt or disturb, directly or indirectly, the Site or the Services, or impose a disproportionate load on the infrastructure of the Site or attempt to transmit or activate computer viruses via or on the Site.
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It is recalled that breaches of system or network security may lead to civil and criminal prosecution. The Company verifies the absence of such violation and may call on the legal authorities to prosecute, if necessary, Users who have participated in such violations.
Users undertake to use the Site fairly, in accordance with its purpose and with the legal and regulatory provisions, these Conditions and the practices in force.
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Article 4 - Use of the content of the Site
All the content of the Site, in particular the designs, texts, graphics, images, videos, information, logos, icons-buttons, software, audio files and others belongs to the Company, which is the sole holder of all the rights of related intellectual property.
Any representation and / or reproduction and / or partial or total exploitation of the contents and services offered by the Company, by any means whatsoever, without the prior written authorization of the Company, is strictly prohibited and would be liable to give rise to lawsuits.
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Article 5 - Personal data
5.1. Data collected
In order to allow any User to fully benefit from the Services and features of the Site, the Company collects various data. It is recalled that by registering on the Site, the User expressly accepts that this data will be collected, regardless of the country from which he connects.
These data are collected at different times and by various methods:
When the User creates a member account. These personal data are as follows: Email address / Title / First name / Last name / Email / Phone / Delivery address / Billing address
Log files and internet protocol (IP) address: The Company receives, with each connection to the Site, the link of the site from which the User arrived and the one to which he goes when he leaves the Site. The Company also receives the Internet Protocol (IP) address of the User or certain information relating to the operating system of his computer or his internet browser;
Cookies: The Company uses cookie files which can be defined as text files that can be saved in a terminal when consulting an online service with browser software. A cookie file allows its issuer, during its validity period not exceeding 13 months, to recognize the terminal concerned each time this terminal accesses digital content comprising cookies from the same issuer. It is nevertheless possible to deactivate the use of cookies by modifying the preferences of the User in his internet browser. In this case, certain features of the Site may no longer work.
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5.2. Retention of collected data
Personal data is stored by the Company on its servers, with a view to their processing as part of the use of the Services. They are kept as long as necessary for the provision of the Services and functions offered by the Site. Consequently, as long as a User has a member account, the data collected will be kept. In the event of inactivity of the User's member account, namely the absence of an order placed on the Site, for more than 1 year from the date of the last order, the data collected will be erased by the Company and only kept as an archive for the purpose of establishing proof of a right or a contract which may be archived in accordance with the provisions of the Commercial Code relating to the retention period of books and documents created during commercial and consumer code activities relating to the conservation of contracts concluded by electronic means.
The User always remains the owner of the information concerning him that he transmits to the Company. He has, in accordance with law n ° 78-17 of January 6, 1978 amended by law n ° 2004-801 of August 6, 2004, a right to access, rectify and delete personal data concerning him. , as well as the right to oppose the communication of these data to third parties for valid reasons.
The User may exercise their rights by writing to the following email address: msmv@montsaintmichel-voyages.com or to the following postal address: Mont Saint Michel voyages - 12, rue de la Métairie BOUCEY (50170).
A response to the User's request will be sent to him within 30 days.
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5.3. Purposes of collecting the collected data
Personal data is collected from Users in order to allow the User to take full advantage of the Services and functions offered by the Site, to prevent any fraud and for statistical purposes.
These data may be communicated by the Company to any third party responsible for the execution, processing and management of the Services.
However, in various cases, the Company will be likely to disclose or share the personal data of a User to all other third parties, among which:
- With the consent of the User;
- In order to comply with the law, the regulations in force, any legal procedure, court decisions or any other case of mandatory disclosure.
To protect the rights, property or safety of the Site, its members or the public.
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Article 6 - Liability
6.1. Use of the Site
The Company's role is limited to the technical provision of Services to Users.
The User is solely responsible for the consequences of using the Site.
The User is required to ensure that the use he makes of the Site complies with legal and regulatory provisions as well as with the General Conditions. The Company gives no guarantee to the User as to the conformity of the use of the Site, which he makes or plans to make, with national or international legal and regulatory provisions.
The User is informed of technical hazards and access interruptions that may occur on the Site. Consequently, the Company cannot be held responsible for the unavailability or slowdown of the Services.
All the information, advice and guides and any other data displayed on the Site are not intended to constitute advice on the basis of which a decision could be taken by the User.
The User must in no case take as acquired the said information and data of the Site but must independently verify all this information and data for himself. The Company cannot therefore be held responsible for the consequences of the use of the data and information displayed on the Site.
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6.2. The data
The Company has no general obligation to monitor data and content imported by Users, nor any obligation to remove content that does not appear manifestly illegal, notwithstanding its report.
The User undertakes not to enter any content liable to infringe public order or good morals, provoke protests from third parties, or even contravene the legal provisions in force.
Consequently, it is expressly agreed that in the event that the Company is questioned, for any reason whatsoever, in any country whatsoever, by a third party on the basis in particular of an industrial property right and / or intellectual relating to an element provided by a User, this User undertakes to fully guarantee the Company of the direct and / or indirect economic and financial consequences (including procedural and defense costs) which would result from these claims.
It is recalled that the data published by the Users and the information shared by the latter may be collected and used by other Users or third parties. In this sense, the Company does not guarantee the respect of the ownership of this data, it is up to the User to take all the necessary measures so that the ownership of his data is preserved.
The User must ensure that data is sent to the Site and cannot blame the Company on any basis and for any reason whatsoever for the non-receipt or loss of the data transmitted. The User will then take care to keep a backup of the data transmitted.
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6.3. General provisions
In any event, the Company cannot under any circumstances be held liable for indirect or unforeseeable losses or damages of Users or third parties, which includes in particular any missed gain, inaccuracy or corruption of files or data or loss of opportunity related to in any capacity and on any basis whatsoever in this Agreement.
The Company cannot be held responsible for the delay or non-performance of this Contract justified by a case of force majeure, as defined by the jurisprudence of French courts and tribunals.
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Article 7 - Modification of the Services
The Company is free to break or modify the terms of Services at any time. The Services offered free of charge cannot give rise to any obligation for the Company.
The Company reserves the right to restrict, suspend or remove, without notice, the access of any User to the Site, if the latter uses the Services in an abusive or inappropriate manner. The assessment of the behavior of the User is reserved at the sole discretion of the Company.
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Article 8 - Agreement on proof
The computer systems and files are authentic in the relationship between the Company and the User.
Thus, the Company may validly produce, as part of any procedure, for the purposes of proof, data, files, programs, recordings or other elements, received, issued or stored by means of the computer systems operated by the Company, on any digital media or analog, and rely on it unless there is an obvious error.
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Article 9 - Miscellaneous provisions
9.1 Indivisibility of the Contract
The fact that any provision of the Contract is or becomes illegal or unenforceable will in no way affect the validity or enforceability of the other provisions of the Contract.
9.2 Modification of the Contract
The Company reserves the right to modify, supplement or replace these Conditions.
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Article 10 - Settlement of disputes
The conclusion, interpretation and validity of this Contract are governed by French law, regardless of the User's country of origin or the country from which the User accesses the Site and notwithstanding the principles of conflicts of law. .
In the event that a dispute relating to the validity, performance or interpretation of this Contract and would be brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which it is expressly attributed jurisdiction, even in the event of summary proceedings or multiple defendants.
The User is informed that he can in any case resort to conventional mediation or any alternative dispute resolution method (conciliation for example) in the event of a dispute.