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General Terms and Conditions of Sale – Online Products
Mrs Lina LAPLUME, Independent Entrepreneur, operating under the brand “PLUME EVASION”, whose registration number with the ECB is: BE0465.530.021, whose registered office is located at Avenue Blonden, 29 – 4000 LIEGE, Belgium, carries out a Travel Designer activity and operates an online sales site for activity packages and travel guides (hereinafter referred to as “the Products”), as well as travel accessories (hereinafter referred to as “the Extras”) accessible at the address “plume-evasion.com” (hereinafter referred to as “the Site”), for private customers (hereinafter referred to as “The Customer”).
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 Terms and Conditions of Sale, the Customer guarantees to be of legal age and to have full legal capacity to place an order for Products and/or Extras on the Site.
PLUME EVASION provides a copy of this contract on durable medium downloadable on the Site before placing the order, which the Customer accepts. The Customer also agrees to receive any 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 the acceptance of these general conditions is made online on the Site and does not require a handwritten signature.
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 borne by either party.
The Products for sale on the Site are generic products that are not personalized. PLUME EVASION does not make any reservation with professionals on behalf of its client and has not made any agreement with companies that it would have to recommend within one of these travel diaries. The Customer 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 Product, and for the choice of the professional and the performance of his services.
The Extras offered for sale on the Site are products sold by a third party, 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 can in no way be held responsible for any unexpected event caused by any of the Extras purchased by the Customer.
PURCHASES OF PRODUCTS AND/OR EXTRAS
In order to place an order, the Customer must follow the following steps:
1) The Customer must choose the Products and/or Extras 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 in his basket, he will have access to the list of his selection, he may 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 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 can place an order by logging into his account.
5/ The Customer must then enter his bank details.
6/ To definitively validate the order and be able to place an order, the Customer must accept these general conditions of sale by ticking the box “I have read and I accept the general conditions of sale”.
7/ Then the Customer must proceed to the payment.
The Customer guarantees 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 true.
The Customer is informed that in case of prolonged inactivity during the connection, 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 is responsible for all telecommunication costs allowing him to access the Internet.
The Customer is informed that he has the possibility to return to the previous pages and correct errors and / or modify his order and the data provided, and this before definitively validating his order. If an error in the entry of information by the Customer should lead to a delay in the delivery of the Products and / or Extras ordered, PLUME EVASION can in no way be held responsible.
To be able to create an account and place an order, the Customer must choose a password that he undertakes to protect and keep secret. The Customer undertakes not to communicate his username and password to anyone. In case 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 username and password is deemed to have been carried out by him.
The Customer will receive an email confirming the order and its payment, with a summary of the order, worth acknowledgment of receipt of the order.
The confirmation of the order will be sent to the e-mail address provided by the Customer when creating his account, and will be worth final validation of the order. The Customer will no longer be able to return to his order to modify it, once the order has been confirmed by PLUME EVASION by email. The Customer may only use his right of withdrawal, if he has it, under the conditions provided for in the article “Right of withdrawal”.
TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS TO CUSTOMER
Any risk of loss or damage to the Products and/or Extras passes 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 retention of title. The transfer of ownership of the Products will take place on the date of full payment of the Products by the Customer.
The Products are delivered on digital media. 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. The delivery of the products on digital media is done by download. Delivery on digital media will take place as soon as the Customer has paid for the Products. This download will be possible by a download link on the Site from the order confirmation page, in his personal space if the Customer has an account, or by a download link sent by email to the email address provided by the Customer.
Delivery in physical format
When the 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 any third party designated by the Customer at the latter’s expense.
The delivery time of the Extras will be indicated at the time of placing the order and may not exceed a period of 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 the delivery or damaged Extras, the Customer must immediately make any reservations to PLUME EVASION on the day of delivery. In any case, in the event of damage or partial loss, the Customer undertakes to notify the carrier, by extrajudicial document or registered letter, of his reasoned protest within three (3) days, not including public holidays, following that of receipt of the Extras. In the absence of notification within the aforementioned period or request for expertise, the 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 objects transported and if the carrier does not justify having given him the opportunity to effectively check their good condition, the aforementioned period of three (3) days to send a notification to the carrier is increased 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: firstname.lastname@example.org
Any claim not made in the rules defined above and within the time limits set can not be taken into account and will release PLUME EVASION from any responsibility vis-à-vis the Customer.
PLUME EVASION is bound by the legal guarantee of conformity mentioned in the 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 expiry of the withdrawal period.
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 that effect to Plume Evasion, before the expiry of the aforementioned period, at the following address: Lina LAPLUME, Avenue Blonden, 29 – 4000 LIEGE, Belgium.
The letter of withdrawal must clearly indicate that the Customer wishes to withdraw from all or part of his order, and specify the surname, first name, address, order number of the Customer.
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 of sending PLUME EVASION his decision to withdraw. The Customer will bear the postal costs of returning the Extras, which he acknowledges and accepts.
PLUME EVASION will refund the Customer when he 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 its right of withdrawal.
PRICES AND TERMS OF PAYMENT
The price of the Products and / or Extras offered for sale is indicated in euros TTC, and does not include shipping costs. Shipping costs will be added if necessary when ordering depending on the place of destination of the Extras. The price in euros excluding VAT, the amount of taxes and shipping costs will be indicated to the Customer at the time of placing his 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 force at the time of validation of the Order.
Payment must be made by the Customer using the means of payment indicated on the site.
The Products are original content and are protected by copyright.
The Site and its content, in particular the Products sold on the Site (activity packages, travel diary, etc.), 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 Products is strictly prohibited and would constitute an infringement.
The Products purchased may only be used for the Customer’s personal needs. The Customer has the right to make a copy of the Products purchased for his 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 any purpose other than for the Customer’s personal needs is strictly prohibited.
The Customer shall refrain from any act of counterfeiting, unfair or parasitic competition with regard to Travel Prospects.
PLUME EVASION collects and processes your personal data, as data controller. The data is collected and processed to allow PLUME EVASION to manage your order, to 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 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 Products and/or Extras 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.
When creating his account, 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 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 place an order on the Site.
The insertion of a hypertext link to the Site requires the prior written consent of Perspectives de Voyage. In any state of home page of the Site.
PLUME EVASION publishes a blog on which 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 for the performance of the services by the third party.
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 case beyond the express control of the parties preventing the normal performance of this contract.
LIMITATIONS OF THE INTERNET
The Customer acknowledges having knowledge of the characteristics and limits 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 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 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 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 any of the provisions 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.
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 notify our withdrawal from the contract for the sale of the following Product:
Address of the consumer:
Signature of the consumer(s):