Terms of Sales
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 the Métairie BOUCEY (50170), registered in the Coutances trade and companies register under the identification number 440 318 681 whose intra-community VAT number is FR64 440 318 681 (the “Seller”).
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On the Site, the Seller offers for sale various items (the "Item (s)") that any user of the Site, satisfying the corresponding eligibility conditions, can buy online (the "Customer (s) ").
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These General Conditions of Sale apply, without restriction or reservation and to the exclusion of all other conditions, to all sales of Items concluded by the Seller to Customers. They are intended to govern their contractual relationship.
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They specify in particular the conditions of ordering, payment, delivery and management of any cancellations of Items ordered by the Customer.
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The Customer acknowledges having the capacity required to contract and acquire the Items, declares to have read these General Terms and Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure.
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Article 1 - The Articles
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The main characteristics of the Items of which the Customer is required to read them before placing an order, are presented on the Site.
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The photographs and graphics presented on the Site, in particular illustrating the Articles, are not contractual and cannot engage the responsibility of the Seller.
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The seller reserves the power to modify the content of the services at any time in the following cases:
- weather conditions, (Example: no wind for the sand yacht outing)
- tides,
- seasonality,
- unforeseen holidays or inability to provide a service,
- or any other case of force majeure.
The seller undertakes to provide a replacement service. If this is of lesser value, a rebate could be granted by mutual agreement.
Participants must have clothing appropriate to the proposed themes. To this end, the seller will keep all useful information available.
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During the stay, personal effects remain the responsibility of the participants. Similarly, damage or objects damaged by customers will be invoiced by the service providers concerned.
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The online purchase is considered as an advance of a good or service consumed on site (French territory) and is not subject to the conditions of application of e-commerce VAT.
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Article 2 - Orders
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2.1. Placing an order
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Orders are made on the seller's website. The acceptance of the offer by the Purchaser is validated, in accordance with the double click process, by the confirmation of the order.
Acceptance of these general conditions of sale;
Sending an order confirmation email to the Buyer
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The order for products and services will only be considered final after sending the Purchaser confirmation of acceptance of the order by email and after receipt of the full price.
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Any order placed on the website constitutes the formation of a contract concluded at a distance between the Buyer and the seller. Unless proven otherwise, the data recorded in the IT system of the Service Provider constitutes probative proof of all transactions made by the Buyer via the Site.
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The information communicated by the Purchaser when placing the order is binding on the latter. Thus, the responsibility of the seller can in no way be sought or engaged in the event that an error when placing the order would prevent or delay the provision of services and services.
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The information and comments sent during the order by the buyer do not constitute a contractual obligation for the seller. This is particularly the case for adaptations or modifications due to specific diet, illness, allergy or disability. It is agreed that it is the buyer's responsibility to check and ask when supplying the products and service for compatibility with said plans, illness, allergy or disability.
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It is the buyer's responsibility to check the conditions of application and execution or consumption of the products or services before purchasing.
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Given the particularity of the site (accessibility, weather conditions, etc.) the buyer is considered informed of the potential limits. In no case will he be able to claim a refund of the service paid.
2.2. Order modification
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After validation of the order on the site, the modification or cancellation of the order by the Buyer will only be possible after agreement from the Seller, the Buyer must contact the restaurateur by email msmv@montsaintmichel-voyages.com or by telephone (present on the site), which is expressly accepted by the Buyer.
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2.3. Cancellation of the order
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The Seller reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order on the website or with the seller.
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2.4. Withdrawal of the order
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The Buyer will arrive at the date and time indicated on his order form. The Seller retains ownership of the items in the Order until full payment of the amount of the order by the Buyer.
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2.5. Seller's action and omission
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The service contract for the supply of products and services is concluded between the Buyer and the Seller. By using this ordering service, the Buyer irrevocably and firmly accepts:
- That the Seller in no way guarantees the quality, suitability and / or edibility of the dishes provided by the Seller;
- That the time of availability of products and services remains a simple estimate without contractual nature;
- The Seller declines all responsibility in this regard;
- The choice and purchase of an Item is the sole responsibility of the Customer, it is up to the latter to verify the accuracy of the order before placing an order.
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The sale will not be considered final until the Customer has sent confirmation of acceptance of the order by the Seller by email.
Article 3 - Price
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The Items are sold at the prices in force appearing on the Site when the order is registered by the Seller. The prices are expressed in euros and all taxes included (excluding any taxes provided for in the last paragraph of article 1).
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The prices take into account any reductions that would be granted by the Seller on the Site. They are firm and not revisable during their period of validity as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time at its discretion.
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An invoice is sent electronically by the Seller and given to the Customer when the Items order is placed.
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Article 4 - Payment terms
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The price is payable by secure payment, according to the following terms:
By credit card: Carte Bleue (CB), Visa, MasterCard.
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Payment data is exchanged in encrypted mode.
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The Seller will not be required to deliver the Items ordered by the Customer if the latter does not pay the price in full under the conditions indicated above. Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
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In addition, the Seller reserves the right, in the event of non-compliance with the aforementioned payment conditions, to suspend or cancel the delivery of orders made by the Customer.
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Article 5 - Deliveries
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The Items ordered by the Customer are made available to the customer at a location defined during the order.
This place can be changed by the seller who will inform the seller by email or telephone without any obligation to acknowledge receipt. (eg weather conditions, instructions from public authorities or any other reason).
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Article 6 - Right of withdrawal
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Pursuant to Article L. 221-28 of the Consumer Code, the Customer does not have the right of withdrawal for contracts:
“1 ° The provision of fully executed services, the execution of which has started after the express prior consent of the consumer and express waiver of his right of withdrawal;
2 ° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional;
3 ° Supply of goods made to the consumer's specifications or clearly personalized;
4 ° The supply of goods liable to deteriorate or expire rapidly;
5 ° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
10 ° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
12 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
13 ° The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal. "
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Consequently, for the supply in particular of Items which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection, the Customer cannot retract his commitment.
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Article 7 - Guarantee - Seller's liability
- Be the holder of the related conditions appearing on the common documents;
- To have taken out civil guarantee insurance with HISCOX, the clauses of which are available to buyers.
Article 8 - Computing and Freedoms
In application of the law n ° 78-17 of January 6, 1978, it is recalled that the nominative data which are requested from the Customer are necessary for the treatment of his order and the establishment of invoices, in particular.
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The conditions for the processing of personal data by the Seller are specified in the General Conditions of Use of the Site accessible on this site.
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These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
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The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to information concerning him.
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The Customer 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 Customer's request will be sent to him within 30 days.
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Article 9 - Intellectual property
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The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
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Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
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Article 10 - Applicable law - Language
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These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
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In the event that these conditions are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
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Article 11 - Disputes
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In the event that a dispute relating to the validity, execution or interpretation of this Contract and would be brought before civil courts, it will be subject to the exclusive jurisdiction of the French courts to which jurisdiction is expressly attributed.
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The Customer 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.
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In accordance with article 14.1 of Regulation (EU) n ° 524/2013 of the European Parliament and of the Council of May 21, 2013, the Client is informed that he can consult the following page for more information on his procedures in case of dispute.
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In addition, the Customer may contact the Seller, free of charge, at the following email address: msmv@montsaintmichel-voyages.com or by telephone (price of a local call): 02 33 60 68 00
Article 12 - Pre-contractual information - Customer acceptance
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The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Conditions of Sale and all the information and information referred to in Articles L. 111-1 to L. 111-8 of the Consumer Code, and in particular:
- The essential characteristics of the Items ordered, taking into account the communication medium used and the Items concerned;
- The price of the Items and ancillary costs (delivery, for example);
- In the absence of immediate execution of the contract, the date or the deadline at which the Seller undertakes to deliver the Items ordered;
- Information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if it does not appear from the context;
- Information relating to legal and contractual guarantees and their implementation methods;
- The possibility of resorting to conventional mediation in the event of a dispute;
- Information relating to the right of withdrawal (existence, conditions, deadline, modalities for exercising this right and standard withdrawal form), the costs of returning the Items, the terms of termination and other important contractual conditions.
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The fact of ordering on the Site implies full and complete acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.