General Conditions of Sale - Online Products

Madame Lina LAPLUME, Entrepreneur indépendante, exerçant sous l’enseigne « PLUME EVASION », immatriculée sous le numéro 93392051400017, dont le siège social est situé à RES LE PATIO D’ACAJOU 97232 LE LAMENTIN, exerce une activité de Travel Designer et exploite un site de vente en ligne de packages d’activités et de carnets de voyages (ci-après dénommé « les Produits »), ainsi que d’accessoires de voyages (ci-après dénommé « les Extras ») accessibles à l’adresse «plume-evasion.com » (ci-après dénommé « le Site »), à destination de clients particuliers (ci-après dénommé « Le Client »).

Placing an order by the Customer implies irrevocable acceptance of these general terms and conditions, which the Customer acknowledges having read prior to placing his order. PLUME EVASION reserves the right to modify, at any time and at its sole discretion, these general terms and conditions. The general terms and conditions in force are those present on the Site at the time the Customer places his order.

By accepting these General Conditions of Sale, the Customer guarantees that they are of legal age and have full legal capacity to order Products and/or Extras on the Site.

PLUME EVASION provides a copy of this contract on a durable medium downloadable from the Site before placing the order, which the Customer accepts. The Customer also agrees to receive all information concerning the order of the Products and/or Extras, the invoice and more generally the execution of these general conditions by email.

The Customer acknowledges that acceptance of these general conditions is carried out online on the Site and does not require a handwritten signature.

OBJECT

The purpose of these general conditions is to define the terms and conditions of sale of Products and/or Extras to the Customer.

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 of either party.

THE PRODUCTS

Les Produits en vente sur le Site sont des produits génériques qui ne sont pas personnalisés. PLUME EVASION ne réalise aucune réservation auprès de professionnels pour le compte de son client et n’a passé aucun accord avec des sociétés qu’elle serait amenée à recommander au sein de l’un de ces carnets de voyage. Le Client est libre de suivre ou non les recommandations de Plume Evasion. Le Client est libre d’effectuer toute réservation auprès du professionnel de son choix. PLUME EVASION ne saurait endosser aucune responsabilité  quant à l’utilisation qui serait faite du Produit, et quant au choix du professionnel et à l’exécution de ses prestations.

THE EXTRAS

The Extras offered for sale on the Site are products sold by a third party, whether a natural or legal person. These Extras are in no way subject to modification or customization on behalf of PLUME EVASION or the Customer. The Extras sold have been chosen by PLUME EVASION, but remain the responsibility of the supplier(s). PLUME EVASION cannot under any circumstances be held responsible for any unexpected event caused by one of the Extras purchased by the Customer.

PURCHASES OF PRODUCTS AND/OR EXTRAS

Placing an order

In order to place an order, the Customer must follow the following steps:

1) The Customer must choose the Products and/or Extras that he wishes to purchase from the dedicated online sales page, and add them to his basket.

2/ As soon as the Customer adds a Product and/or an Extra to his basket, he will have access to the list of his selection, he can return to the Site to add Products and/or Extras or remove Products and/or Extras from the basket.

3/ As soon as the Customer has added all the Products and/or Extras that he wishes to order to his basket, he will access the order summary page.

4/ Once the selection of Products and/or Extras has been validated by the Customer, the latter may place an order by creating an account or without creating an account. If the Customer already has an account, he/she may place an order by logging into his/her account.

5/ The Customer must then enter their bank details.

6/ To definitively validate the order and be able to place an order, the Customer must accept these general terms and conditions of sale by checking the box “I have read and accept the general terms and conditions of sale”.

7/ Then the Customer must proceed to payment.

 The Customer guarantees to PLUME EVASION the veracity of the information communicated when placing the order, in particular when creating his account, in particular his email address and postal address, and undertakes to update the data concerning him, so that they are always truthful.

The Customer is informed that in the event of prolonged inactivity when logging in, it is possible that the selection of Products and/or Extras is no longer guaranteed. In this case, the Customer will have to start the steps again from the beginning.

The Customer is informed that he will be responsible for all telecommunications costs enabling him to access the Internet.

The Customer is informed that he/she has the possibility to return to the previous pages and correct errors and/or modify his/her order and the data provided, before definitively validating his/her order. If an error in the entry of information by the Customer were to result in a delay in the delivery of the Products and/or Extras ordered, PLUME EVASION cannot be held responsible under any circumstances.

To create an account and place an order, the Customer must choose a password that he/she agrees to protect and keep secret. The Customer agrees not to communicate his/her username and password to anyone. In the event of loss or forgetfulness, the Customer will receive an email to edit a new password. The Customer is informed that any operation carried out using his/her username and password is deemed to have been carried out by him/her.

Order confirmation

The Customer will receive an email confirming the order and its payment, with a summary of the order, serving as acknowledgement of receipt of the order.

The order confirmation will be sent to the email address provided by the Customer when creating their account, and will constitute final validation of the order. The Customer will no longer be able to return to their order to modify it, once the order has been confirmed by PLUME EVASION by email. The Customer may only exercise their right of withdrawal, if they have one, under the conditions set out in the article "Right of withdrawal".

TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS TO THE CUSTOMER

Any risk of loss or damage to the Products and/or Extras is transferred to the Customer at the time the latter, or a third party designated by the Customer, takes physical possession of the Products and/or Extras.

The sale of the Products and/or Extras is carried out with reservation of ownership. The transfer of ownership of the Products will take place on the date of full payment of the Products by the Customer.

DELIVERY

Products are delivered in digital format. Extras are delivered in physical format.

Delivery on digital media

The Products are delivered in digital format by email to the address provided by the CUSTOMER. Delivery of the products on digital media is done by download. Delivery on digital media will occur as soon as the Customer has paid for the Products. This download will be possible via a download link on the Site from the order confirmation page, in their personal space if the Customer has an account, or via a download link sent by email to the email address provided by the Customer.

Delivery in physical format

When Extras are delivered in paper format, the Extras will be delivered to the address provided by the Customer when placing the order. Any Extra delivered to an incorrect or incomplete address due to the Customer, and returned to PLUME EVASION, will be reshipped to the Customer or to any third party designated by the Customer at the latter's expense.

The delivery time for Extras will be indicated at the time the order is placed and may not exceed 21 days following the placing of the order.

The Customer must check upon delivery that the Extras delivered correspond to the Extras ordered and are not damaged. In the event of an error in delivery or damaged Extras, the Customer must immediately issue any reservations to PLUME EVASION on the day of delivery. In any event, in the event of damage or partial loss, the Customer undertakes to notify the carrier, by extrajudicial act or by registered letter, of his reasoned protest within three (3) days, not including public holidays, following the day of receipt of the Extras. In the absence of notification within the aforementioned period or of a request for an expert appraisal, receipt of the Extras extinguishes any action against the carrier for damage or partial loss, which the Customer acknowledges and accepts. If the Customer personally takes delivery of the transported objects and if the carrier does not provide proof that he has given him the opportunity to effectively verify their good condition, the aforementioned period of three (3) days to notify the carrier is extended to ten (10) days. The Customer undertakes to send PLUME EVASION the protest notified to the carrier within forty-eight (48) hours of this notification, to the following email address: contact@plume-evasion.com

Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release PLUME EVASION from any liability towards the Customer.

GUARANTEE

PLUME EVASION is bound by the legal guarantee of conformity mentioned in European Directive 1999/44/EC of the Consumer Code and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

RIGHT OF WITHDRAWAL

The Customer has a right of withdrawal of fourteen (14) days from the delivery of his order, except for Products supplied exclusively on digital media.

For Products supplied exclusively on digital media, the Customer expressly waives his right of withdrawal and agrees to receive the digital content before the withdrawal period expires.

The Customer may exercise his right of withdrawal:

– by using the withdrawal form inserted at the end of these general conditions;

– or by sending a letter to this effect to Plume Evasion, before the expiry of the aforementioned period, to the following address: Lina LAPLUME, Avenue Blonden, 29 – 4000 LIEGE, Belgium.

The withdrawal letter must clearly indicate that the Customer wishes to withdraw from all or part of their order, and specify the Customer's surname, first name, address and order number.

If the Customer exercises his right of withdrawal, he must return the Extras to Plume Evasion, without undue delay and, at the latest, within fourteen days following the sending to PLUME EVASION of his decision to withdraw. The Customer will bear the postal costs of returning the Extras, which he acknowledges and accepts.

PLUME EVASION will reimburse the Customer when it has received the Extras suitable for remarketing, in their original packaging.

PLUME EVASION declines all responsibility in the event of loss or damage to a package sent by the Customer to Plume Evasion, following the exercise of their right of withdrawal.

PRICES AND PAYMENT TERMS

The price of the Products and/or Extras offered for sale is indicated in euros including tax, and does not include shipping costs. Shipping costs will be added where applicable when ordering depending on the destination of the Extras. The price in euros excluding tax, the amount of taxes and shipping costs will be indicated to the Customer at the time of placing the order.

PLUME EVASION reserves the right to modify at any time the price of the Products and/or Extras offered for sale on the Site. The rate applicable to the Customer will be the rate in effect at the time of validation of the Order.

Payment must be made by the Customer using the payment methods indicated on the site.

INTELLECTUAL PROPERTY

The Products are original content and are protected by copyright.

The Site and its content, including the Products sold on the Site (activity packages, travel journals, etc.), brands, logos, images, drawings, models, texts, photographs, graphic charters, databases are and remain the exclusive, full and entire property of Madame Lina LAPLUME. Any reproduction, representation, distribution, exploitation, marketing, use of one of the elements present on the Site, of all or part of the Site, of the Products is strictly prohibited and would constitute an infringement.

The Products purchased may only be used for the personal needs of the Customer. The Customer has the right to make a copy of the Products purchased for his/her personal use. The Customer does not have the right to make copies of the Products purchased to communicate them to third parties, free of charge or for a fee, for any reason. Any use of the Products not carried out by the Customer or for a purpose other than for the personal needs of the Customer is strictly prohibited.

The Customer shall refrain from any act of counterfeiting, unfair or parasitic competition with regard to Perspectives de Voyage.

PERSONAL DATA

PLUME EVASION collects and processes your personal data, as data controller. The data is collected and processed to enable PLUME EVASION to manage your order, deliver the products ordered, 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 event for the period necessary to comply with all legal obligations of PLUME EVASION and to allow it to exercise its rights. You have the right to ask PLUME EVASION to access your personal data, the rectification or erasure of these, or a limitation of the processing, the right to object to the 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 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 Products and/or Extras sold by PLUME EVASION. If the Customer no longer wishes to receive newsletters or offers, he/she may object at any time by clicking on an electronic link provided for this purpose in the email sending the newsletter or offer.

Lors de la création de son compte, le Client doit notamment saisir ses coordonnées téléphoniques. Le Client est informé qu’il peut s’inscrire sur une liste d’opposition au démarchage téléphonique auprès de l’organisme chargé de la gestion de la liste d’opposition au démarchage téléphonique : la société « Do not call me » ou dncm (https://dncm.be), sise Raketstraat 50 – 1130 Brussel, et joignable par mail à info@dncm.be, 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. Continuing to browse the Site implies agreement to the storage of cookies on his terminal. If the Customer refuses the presence of cookies, the functionality 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 be able to place an order on the Site.

HYPERTEXT LINK

The insertion of a hyperlink to the Site requires obtaining the prior written consent of Perspectives de Voyage. In any case, the home page of the Site.

SPONSORED CONTENT

PLUME EVASION publishes a blog on which the following can be published:

  • articles ordered by a third party, natural or legal person, to highlight a theme, a service or a product and which may contain links to its website;
  • or articles that may contain affiliate links to third-party websites.

In the event of a transaction carried out by the Customer on one of these sites, PLUME EVASION may receive a fixed or variable commission.

PLUME EVASION cannot assume any responsibility concerning the execution of services by the third party.

FORCE MAJEURE

PLUME EVASION's obligations will be suspended in the event of force majeure, without the Client being able to hold PLUME EVASION liable.

The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of the Belgian Courts and Tribunals: total or partial strikes, internal or external to the company, in particular postal services, road, sea or air transport, any malfunction of postal services, road, sea or air transport, lockouts, bad weather, epidemics, pandemics, earthquakes, fires, storms, floods, water damage, blocking of telecommunications means, blocking of the internet, governmental or legal restrictions, legal or regulatory changes to the forms of marketing, and any other case beyond the express control of the parties preventing the normal execution of this contract.

INTERNET LIMITATIONS

The Customer acknowledges being aware of the characteristics and limitations of the Internet, the possible presence of viruses, and the possible misappropriation of the Customer's data due to acts of piracy, for which PLUME EVASION cannot be held responsible. The same applies in the event of difficulties accessing the Site or malfunctions of the Site, in particular linked 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.

EVIDENCE AGREEMENT

The Customer acknowledges and accepts that the information contained in PLUME EVASION's computer systems has the same probative force as paper documents, with regard to the placing of the order by the Customer and the acceptance of these general conditions. The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

INDEPENDENCE OF THE PROVISIONS OF THE GENERAL CONDITIONS

If any provision of these general conditions is declared null or inapplicable due to a court decision or the application of a law or regulation, the remaining provisions of these general conditions will remain fully in force.

NO WAIVER

The non-application or delay in the application of any of the provisions of the contract by a Party shall not be interpreted or understood as a waiver by this party of the application of the provision concerned.

ANNEX 1 – WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the order, to the attention of Mrs. Lina LAPLUME, Avenue Blonden, 29 – 4000 LIEGE, Belgium

We hereby give notice of our withdrawal from the contract for the sale of the following Product:

Order No.:

Ordered on:

Name of consumer(s):

Address of consumer(s):

Date :

Signature du (des) consommateur(s) :» immatriculée sous le numéro 93392051400017, dont le siège social est situé à RES LE PATIO D’ACAJOU 97232 LE LAMENTIN

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