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General Terms and Conditions of Sale – Travel Designer
These general conditions of sale constitute all the contractual documents that govern the relationship between Mrs . Lina LAPLUME, independent entrepreneur, practicing under the brand ” PLUME EVASION” whose registration number at the ECB is: BE0465.530.021, whose registered office is located avenue Blonden, 29 – 4000 LIEGE, and the INDIVIDUAL CUSTOMER as identified in the quote (hereinafter the “CUSTOMER”) in the context of the production of a personalized Travel Guide for the CUSTOMER (hereinafter referred to as “the customized Travel Guide”) as described in the corresponding quote. PLUME EVASION and the CLIENT are hereinafter referred to individually or collectively as the “Party(ies)”.
The placing of an order by the Customer implies the irrevocable acceptance of these general conditions, which the Customer acknowledges having read prior to the placing of his order. PLUME EVASION reserves the right to modify, at any time and at its sole discretion, these general conditions. The general conditions in force are those that are present on the Site at the time the Customer places his order.
By accepting these general conditions of sale, the CUSTOMER guarantees to be an adult natural person and to have full legal capacity to place an order.
The CUSTOMER agrees to receive all information concerning the placing of his order and its execution, more generally the execution of these general conditions and to receive his invoice by e-mail.
The CUSTOMER acknowledges that the acceptance of these general conditions is carried out in a dematerialized way and does not require a handwritten signature.
The purpose of these general conditions is to define the terms and conditions for the production of a the customized Travel Guide for the CLIENT.
ENTRY INTO FORCE / DURATION
These general conditions come into force from the placing of the order by the CUSTOMER, and remain in force until the extinction of the rights and obligations borne by one or the other of the parties.
THE CUSTOMIZED TRAVEL GUIDE
PLUME EVASION makes no reservations of services with professionals on behalf of the CLIENT and has no pricing agreement with companies that it would have to mention in the customized Travel Guide. The CUSTOMER must make the reservations himself and assume full responsibility for them. The price of the services mentioned in the customized Travel Guide comes from the research results of PLUME EVASION. PLUME EVASION cannot be held responsible for a price change or unavailability at the time of booking by the CUSTOMER. The CLIENT is free to follow or not the recommendations of PLUME EVASION. The CUSTOMER is free to make any reservation with the professional of his choice. PLUME EVASION can not assume any responsibility for the use that would be made of the customized Travel Guide, and for the choice of professionals and the performance of their services.
PLACING THE ORDER
1) The CUSTOMER must issue a request for a quote to PLUME EVASION via the website plume-evasion.com, by phone or email.
2) PLUME EVASION will then contact the CLIENT by phone and/or email to discuss his travel project and collect his needs.
3) PLUME EVASION will then send a link by email to the CLIENT. By clicking on this link, the CUSTOMER will have access to the quote and these general conditions. The quote will mention the chosen formula, the details of the formula, and its price.
4) The acceptance of the quote and the general conditions of sale will be done in a dematerialized way. The CUSTOMER must click on the “Validate or refuse the quote” tab. The CUSTOMER will then access a summary page of the order where he must click on the tab “I accept the quote” to accept the quote.
The CUSTOMER will be able to download the quote and the general conditions validated by him. The order will be validated by PLUME EVASION upon receipt of the quote and these general conditions validated in a dematerialized way by the CUSTOMER.
5) PLUME EVASION will acknowledge receipt of the order to the CUSTOMER at his e-mail address.
6) Prior to the performance of the service, the CUSTOMER must pay the deposit mentioned on the quote. Once the balance of the invoice has been paid, the CUSTOMER will receive the customized Travel Guide in digital format to the email address he has provided.
The CUSTOMER guarantees PLUME EVASION the veracity of the information communicated when placing the order, in particular his email address and postal address, and undertakes to update the data concerning him, so that they are always true.
TRANSFER OF RISK AND OWNERSHIP OF THE CUSTOMIZED TRAVEL GUIDE TO THE CLIENT
Any risk of loss of the customized Travel Guide is transferred to the CLIENT at the time when the latter, or a third party designated by the CLIENT, digitally takes possession of the customized Travel Guide.
The sale of the customized Travel Guide is carried out with retention of title. The transfer of ownership of the customized Travel Guide will take place on the date of full payment of the customized Travel Guide by the CLIENT.
The customized Travel Guide is delivered in digital format by email to the address provided by the CUSTOMER.
Right of withdrawal
The right of withdrawal cannot be exercised for contracts for the supply of goods made according to the consumer’s specifications or clearly personalized, the CUSTOMER does not have a right of withdrawal for the order of a customized Travel Guide.
PRICES AND TERMS OF PAYMENT
The CUSTOMER undertakes to pay PLUME EVASION the price including VAT mentioned on the quote.
Prior to the realization of the customized Travel Guide, the CUSTOMER must pay the deposit provided for in the quote. Once the balance of the price has been paid, the CUSTOMER will receive the customized Travel Guide in digital format to the email address he has provided.
No discount for advance payment will be granted.
In accordance with the legal provisions, any delay in payment of an invoice on its due date will entail, without prior notice, the payment of a late payment penalty, the rate of which will be equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, as well as a fixed recovery fee of EUR 40.
The customized Travel Guide is original content and is protected by copyright. It is and remains the full and complete property of Mrs. Lina LAPLUME.
The Site and its content, trademarks, logos, images, drawings, models, texts, photographs, graphic charters, databases are and remain the exclusive property, full and complete, of Mrs. Lina LAPLUME. Any reproduction, representation, dissemination, exploitation, marketing, use of any of the elements present on the Site, of all or part of the Site, of the customized Travel Guide is strictly prohibited and would constitute an infringement.
The customized Travel Guide can only be used for the personal needs of the CLIENT. The CUSTOMER has the right to make a copy of the customized Travel Guide purchased for his personal use. The CLIENT does not have the right to make copies of the customized Travel Guide to communicate them to third parties, free of charge or for a fee, for any reason. Any use of the customized Travel Guide not carried out by the CLIENT or for any purpose other than for the personal needs of the CLIENT is strictly prohibited.
The CUSTOMER shall refrain from any act of counterfeiting, unfair or parasitic competition with regard to PLUME EVASION.
PLUME EVASION collects and processes your personal data, as a data controller. The data is collected and processed to allow PLUME EVASION to manage your order, to deliver the ordered customized Travel Guide, for commercial management purposes, to comply with its legal obligations, and exercise its rights. The recipient of the data is Mrs. Lina LAPLUME. Your data will be kept for a period of five (5) years from the end of the commercial relationship, in any case for the period necessary to comply with any legal obligations of PLUME EVASION and allow it to exercise its rights. You have the right to ask PLUME EVASION to access your personal data, the rectification or erasure thereof, or a limitation of processing, the right to oppose processing, and the right to the portability of your data, by sending a request to the following postal address: Lina LAPLUME, Avenue Blonden, 29 – 4000 LIEGE Belgium. PLUME EVASION implements the appropriate technical and organizational measures to guarantee an adequate level of security of the data collected.
PLUME EVASION reserves the right to send the CUSTOMER a newsletter or offers related to the customized Travel Guide sold by PLUME EVASION. If the CUSTOMER no longer wishes to receive a newsletter or offers, he may at any time oppose it by clicking on an electronic link provided for this purpose in the email sending the newsletter or offer.
At the time of contact, the CUSTOMER must enter his telephone details. The CUSTOMER is informed that he can register on a list of opposition to telephone canvassing with the body responsible for managing the list of opposition to telephone canvassing: the company “Do not call me” or dncm (https://dncm.be), located at Raketstraat 50 – 1130 Brussel, and reachable by email at email@example.com, or by phone at +32 (0)2 302 26 17.
The CUSTOMER is informed of the use of audience measurement and shopping cart cookies. The CUSTOMER may refuse the presence of cookies by clicking on the banner that opens when he arrives on a page of the Site allowing the installation of cookies. The continuation of its navigation on the Site constitutes agreement to the deposit of cookies on its terminal. If the CUSTOMER refuses the presence of cookies, the functionalities of the Site may be reduced but its use will nevertheless be possible. The CUSTOMER is informed that shopping cart cookies are mandatory for him to place an order on the Site.
The insertion of a hypertext link to the Site requires the prior written consent of PLUME EVASION. In any state of home page of the Site.
The obligations of PLUME EVASION will be suspended in case of force majeure, without the CUSTOMER being able to engage the responsibility of PLUME EVASION.
Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the Jurisprudence of the Belgian Courts and Tribunals: total or partial strikes, internal or external to the company, in particular postal services, road, sea, air transport, any malfunction of postal services, road, sea or air transport, lock-out, bad weather, epidemics, pandemics, earthquake, fire, storm, flood, water damage, blocking of telecommunications means, internet blocking, governmental or legal restrictions, legal or regulatory changes in marketing forms, and any other cause beyond the express control of the parties preventing the normal performance of this contract.
LIMITATIONS OF THE INTERNET
The CLIENT acknowledges having knowledge of the characteristics and limits of the Internet, the possible presence of viruses, and the possible misappropriation of the CLIENT’s data due to acts of piracy, for which PLUME EVASION cannot be held responsible. It is the same in case of difficulties of access to the Site or malfunctions of the Site, in particular related to acts of piracy. PLUME EVASION reserves the right to carry out maintenance operations on the Site. The CUSTOMER acknowledges and accepts that he will no longer be able to access the Site for the duration of the maintenance operation.
The CLIENT acknowledges and accepts that these General Terms and Conditions signed in a dematerialized manner have the same probative force as a writing signed on paper. The CLIENT acknowledges and accepts that these electronically signed General Terms and Conditions may validly be opposed to the Parties and be produced in court as evidence in the event of disputes between the Parties. Consequently, the CLIENT acknowledges that these General Terms and Conditions signed in a dematerialized manner are proof of the content of said document, the identity and power of the signatory, and the CONSENT OF THE CLIENT to the obligations arising therefrom.
INDEPENDENCE OF THE PROVISIONS OF THE GENERAL TERMS AND CONDITIONS
If any provision of these terms and conditions is declared null and void or unenforceable due to a court order or the application of a law or regulation, the remainder of the provisions of these terms and conditions shall remain in full force and effect.
The non-application or delay in the application of a provision of the contract by a Party shall not be interpreted or understood as a waiver by that party of the application of the provision concerned.