General Terms and Conditions of Sale and Use
The company NATURE KAYAKS AND DISCOVERIES EURL, with a capital of 7,650 euros, whose registered office is in RIVIERE SALEE (97215) 31 B lotissement les ibis, registered with the trade and companies register of FORT DE France under number 444 155 360 represented by Mr. LAURENT LEHMANN (hereinafter the Company). The Company offers the following services: SEA EXCURSIONS, sea trips with passenger boats, whale watching, discovery of MARTINIQUE by the coast.
The company invites its users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the GTC/TOS). The GTC/TOS apply to all services provided by the company to its customers of the same category, regardless of the clauses on the client’s documents and in particular its general terms of purchase. The GTC/TOS are systematically communicated to the Client upon request. The Client is required to read the GTC/TOS before placing any Order. The data recorded in the company’s computer system constitutes proof of transactions concluded with the Client.
“Client” means any natural or legal person who places an order on this Website; “Order” means any order placed by the user registered on the Site, in order to benefit from the Company’s services; “General terms of sale and Use” or “GTC/TOS” means these general terms of online sales and use; “consumer” means the natural person buyer who is not acting for professional needs and/or outside his professional activity; “Professional” means the natural or legal person buyer who acts within the framework of his professional activity; “Services” means all the service offerings proposed to Users by the Company through this site; “Site” means this Site, namely www.planètedauphins.com, “Company” means the Company Nature Kayaks and Discoveries EURL, more fully designated in Article I hereof; and “User” means any person who uses the Site.
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full legal personality and capacity. The use of the Services offered on the Site is subject to the User’s registration on the Site. Registration is free. To proceed with registration, the User must fill in all the mandatory fields, without which the service cannot be delivered. Failing that, registration cannot be completed. Users guarantee and declare on their honor that all information communicated on the Site, in particular when registering, is accurate and conforms to reality. They undertake to update their personal information from the page dedicated to them and available in their account. Every registered User has a username and password. These are strictly personal and confidential and must not under any circumstances be communicated to third parties under penalty of deletion of the account of the registered User in breach. Each registered User is personally responsible for maintaining the confidentiality of his username and password. The Company shall in no case be held liable for identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation. Each User, whether a legal or natural person, may only hold one account on the Site. In the event of non-compliance with the GTC/TOS, in particular the creation of multiple accounts for one person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the registered User in breach. Account deletion results in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site before the account is deleted will be executed under normal conditions. In the event of deletion of an account by the Company for breach of the duties and obligations set forth in the GTC/TOS, it is strictly prohibited for the infringing User to re-register on the Site directly, through another email address or through an intermediary without the express authorization of the Company.
Service provision and prices
The Services subject to the GTC/TOS are those appearing on the Site and offered directly by the Company or its partner providers. The services are described on the corresponding page within the Site and mention is made of all their essential characteristics. The Company cannot be held responsible for the impossibility of performing the said service when the User is not eligible. When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the service page corresponds to the price in euros including all taxes (VAT) and takes into account any applicable and valid discounts on the day of the Order. The indicated price does not include any additional fees that may be indicated in the summary before ordering. The Company reserves the right to modify its rates at any time. It undertakes to invoice the services at the rate applicable at the time of their Order. For services whose price cannot be known in advance or indicated with certainty, a detailed estimate will be transmitted to the Client. Under no circumstances may a User demand the application of discounts no longer in force on the day of the Order.
Any Order can only be placed when the User has registered on the Site. The User, when logged into his account, can add Services to his virtual shopping cart. He can access the summary of his virtual shopping cart to confirm the Services he wishes to order and place his Order by pressing the “Order” button. He will then need to provide his address, the delivery method, and a valid payment method to finalize the order and effectively form the sales contract between him and the Company. Recording an Order on the Site is done when the Client accepts the GTC/TOS by checking the box provided for this purpose and validates his Order. This validation constitutes proof of the sales contract. Finalizing the Order implies acceptance of the prices and terms of performance of the services as indicated on the Site. Once his Order has been placed, the Client will receive confirmation by email. This confirmation will summarize the Order and information relating to the performance of the service(s). In case of non-payment, incorrect address of the Client or other problem on the Client’s account, the Company reserves the right to block the Client’s order until the problem is resolved. In the event of impossibility of performing the service, the Client will be informed by email at the address provided to the Company. The cancellation of the order for this service and its refund will be made in this case, the remainder of the order remaining firm and final. In the event of cancellation of an Order accepted by the Company less than 5 days before the scheduled date of provision of the Service for reasons other than force majeure, the Company reserves the right to retain 50% of the VAT amount of the Order as damages. The Company may grant the Client price reductions