ARTICLE 1. LEGAL INFORMATION
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its creation and monitoring.
The Martinique-holidays.com website is published by :
Stéphane HERVE, whose registered office is located at the following address Village du Morne Vanier - 97200 FORT DE FRANCE, and registered under SIREN number: 508 157 161.
Telephone: +596696902258/ E-mail address: email@example.com.
The site's publication director is Stéphane HERVE.
The Martinique-holidays.com website is hosted by :
OVH, whose headquarters are located at the following address:
2 rue Kellermann - 59100 Roubaix - France
Telephone number: 09 72 10 47 46
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the Martinique-holidays.com website is:
Directory of companies in the tourism sector in Martinique translated into 3 languages.
ARTICLE 3. CONTACT
For any question or request for information concerning the site, or any report of illicit content or activities, the user may contact the editor at the following e-mail address: firstname.lastname@example.org or send a registered letter with acknowledgement of receipt to Stéphane HERVE - Village du Morne Vanier - 97200 FORT DE FRANCE
. Access to and use of the site are subject to acceptance of and compliance with these Terms and Conditions of Use.
The publisher reserves the right to modify, at any time and without prior notice, the site and services as well as these Terms and Conditions of Use, in particular in order to adapt to changes in the site by making new features available or deleting or modifying existing features.
. The user is therefore advised to refer to the latest version of the Terms and Conditions of Use, which is accessible at all times on the site, before any navigation. In the event of disagreement with the GTC, the user may not use the site.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, it may suspend, limit or interrupt access to the site or to certain pages of the site at any time in order to carry out updates, changes to its content or any other action deemed necessary for the proper functioning of the site.
Connecting to and browsing the Martinique-holidays.com site implies unreserved acceptance of these Terms and Conditions of Use, regardless of the technical means of access and the terminals used.
These Terms and Conditions of Use apply, as appropriate, to any variation or extension of the site on existing or future social and/or community networks.
ARTICLE 6. SITE MANAGEMENT
For the proper management of the site, the editor may at any time:
Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
Delete any information that may disrupt the operation of the site or that may contravene national or international laws, or the rules of netiquette;
Suspend the site in order to carry out updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
- UNREGISTRATION The regularly registered user may at any time request to be unregistered by going to the dedicated page in his or her Personal Area. Any deregistration from the site will be effective after the user has filled in the form provided for this purpose, within the following period: 1 week.
DELETION OF THE PERSONAL SPACE AT THE INITIATIVE OF THE PUBLISHER
The user is informed that the publisher reserves the right to delete the personal space of any user who contravenes these conditions of use and sale, and more particularly in the following cases
If the user makes an illicit use of the site;
If the user, when creating his personal space, voluntarily transmits erroneous information to the site;
If the user has not been active on his personal space for at least one year.
In the event that the publisher decides to delete the user's personal space for one of these reasons, this will not constitute damage to the user whose account has been deleted.
This deletion will not constitute a waiver of any legal action that the publisher may take against the user who has contravened these rules.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content that he has edited himself.
The publisher is not responsible for:
In the event of technical or computer problems or failures or compatibility of the site with any hardware or software whatsoever;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and security of the information circulating on it;
Illegal content or activities using its site, without it having had due knowledge of them within the meaning of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.
Furthermore, the site cannot guarantee the accuracy, completeness and topicality of the information published on it.
The user is responsible for:
the protection of his equipment and data;
the use he makes of the site or its services;
if he fails to comply with the letter and spirit of these GTC.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hypertext links to other websites over which Martinique-holidays.com has no control. Although the publisher regularly checks the content of these sites, it accepts no responsibility for the content of these sites.
The publisher authorises the creation of hyperlinks to any page or document on its site, provided that these links are not created for commercial or advertising purposes.
In addition, the publisher of the site must be informed before any hyperlink is created.
This authorisation does not apply to sites containing information of an illicit, violent, controversial, pornographic or xenophobic nature, or which may offend the sensibilities of a large number of people.
Finally, Martinique-holidays.com reserves the right to remove a hypertext link to its site at any time if it considers that the link does not comply with its editorial policy.
ARTICLE 10: CONFIDENTIALITY
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the site, as well as the texts, graphics, images, photographs, sounds, videos and computer applications that make it up, are the property of the publisher and are protected as such by the laws in force with regard to intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the site, by any means whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L. 335-2 et seq. With the exception of elements expressly designated as free of rights on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.
The user is forbidden to introduce data on the site which would modify or which would be likely to modify its content or appearance.
ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION
The Martinique-holidays.com website wishes you an excellent browsing experience!
II. GENERAL TERMS AND CONDITIONS OF SALE
This website is published by the seller, Stéphane HERVE, whose registered office is located at the following address Village du Morne Vanier - 97200 FORT DE FRANCE, and registered with N°SIREN: 508 157 161.
The seller is not subject to VAT in accordance with article 293 B of the CGI.
The following provisions are intended to define the general conditions of sale on the Martinique-holidays.com website
These general terms and conditions of sale (hereinafter referred to as "GTCS") define the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products.
The GTC shall exclusively govern the relationship between the seller and the customer.
The GTC express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, failing which the order will not be validated.
In case of doubt about any of the terms and conditions of sale, the practices in force in the sector of distance selling by companies whose registered office is in France and the Consumer Code shall apply.
The seller reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online.
ARTICLE 1. CATALOGUE OR ONLINE SHOP
Through the site, the seller provides the customer with a catalogue or an online shop presenting the products sold accurately, without the photographs having any contractual value.
The products are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the seller cannot be held responsible for this.
The products are offered within the limits of available stocks.
The prices and taxes relating to the sale of the products are specified in the catalogue or the online shop.
ARTICLE 2. PRICES
The seller reserves the right to modify its prices at any time by publishing them online.
Only the prices in force at the time of the order will apply, subject to availability of the products on that date.
The prices are indicated in euros (excluding taxes and including all taxes).
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will automatically be reflected in the price of the products in the catalogue or in the online shop. If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.
The total amount of the order (including all taxes) is indicated before final validation of the order form.
The payment of the total price must be made at the time of the order.
ARTICLE 3. ONLINE ORDERING
The customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the customer accepts the price and the description of the products.
The customer must accept the present general terms and conditions of sale by clicking on the indicated area in order for the order to be validated.
The customer must provide a valid e-mail address and acknowledges by these general terms and conditions of sale that any exchange with the seller may take place by means of this address.
The customer must also choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with a payment obligation, which means that the placing of the order implies payment by the customer.
The customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The customer guarantees the seller that he/she has the necessary authorisation to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as to the payability of the sums due for the order.
In the event of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute within 70 days from the date of the transaction by submitting a claim in the following manner, so that the seller will bear the costs of the sale and return the disputed sum:
Any dispute not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from all liability.
The seller has set up a procedure for verifying orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.
In the event of refusal to authorise payment by bank card by the accredited organisations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
Upon receipt of the validation of the purchase and the payment by the customer, the seller will send to the customer, on the e-mail address specified by him, confirmation of receipt of the order form and a copy of the contract to be printed.
Payment of the full price must be made at the time of ordering.
The seller is obliged to send an invoice to the customer upon delivery.
For any questions relating to the order, the customer may contact customer service at the following address
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of 13 March 2000, the provision of the purchaser's bank card number online and the final validation of the order shall constitute proof of the customer's agreement, of the payability of the sums due under the order form, and of the signature and express acceptance of all the operations carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
The communications, orders and payments made between the customer and the seller can be proven thanks to the computerised registers kept in the seller's computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All the payment methods available to the customer are listed on the vendor's website. The customer guarantees the seller that he has the necessary authorisations to use the method of payment chosen by him when placing the order.
ARTICLE 8. RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 121-21-8 of the Consumer Code, the user may not exercise his right of withdrawal once the product has been made available to him and the computer files have been downloaded, once he has given his express prior agreement to the execution of the order.
ARTICLE 9. FORCE MAJEURE
The parties will be exonerated from their obligations in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code prevents their execution. The obligations of the parties shall be suspended.
The party that invokes such a circumstance shall notify the other party immediately upon its occurrence and disappearance.
Are considered as cases of force majeure all facts or circumstances irresistible and unforeseeable, unavoidable and which could not be prevented by the latter, despite all reasonably possible efforts, defined as such by French jurisprudence and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stoppage of telecommunications networks.
If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
ARTICLE 10. PARTIAL NULLITY
If one or more stipulations of the present general terms and conditions of sale were to be declared null and void by application of the law, a regulation or a final decision of a French court, the other stipulations shall retain all their force and scope.
ARTICLE 11. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and durable manner in order to effectively carry out its activity, regardless of the location of its registered office in the case of a legal entity.
Therefore, these GTC are subject to the application of French law, excluding the provisions of the Vienna Convention.
In the event of a dispute or claim, the customer shall first contact the seller to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if contracting as a consumer, may bring proceedings before the court of his choice and if contracting as a professional, may bring proceedings before the court of the place of the seller's registered office.