Terms of sale
In force at 1/11/2020
Article 1 - Scope
These Terms and Conditions of Sale (so-called "CGV") apply, without restriction or reservation to all sales by the seller with non-professional buyers ("customers or customer"), wishing to acquire the products offered for sale ("products") by the seller on the site www.explorhappy.com. The products offered for sale on the site are as follows:
- Turnkey journey of places exploration in Ile de France, digital content to download
- Gift card to be concerned on the exploring courses
The main characteristics of the products and in particular the specifications, illustrations and indications of size or capacity capacity, are presented on the website www.explorhappy.com what the customer is required to read before ordering.
The choice and purchase of a product are the only responsibility of the customer.
These CGVs are accessible at any time on the site www.explorhappy.com and will prevail over any other document.
The client declares that he has read the present CGVs and have accepted them before the implementation of the online ordering procedure of the site www.explorhappy.com.
Unless proven contrary, the data recorded in the seller's computer system is proof of all transactions with the client.
The coordinates of the seller are as follows:
Share capital of 1000 euros
Registered at the RCS of Nanterre, under the number RCS 829 616 259
Article 2 - Price
The products are provided at the rates in force on the site www.explorhappy.com, when registering the order by the seller.
The prices are expressed in euros in TTC, 2L2Grow not subject to VAT at first.
Rates take into account any reductions that would be granted by the seller on the site www.explorhappy.com.
These rates are firm and not revisable during their period of validity but the seller reserves the right, outside the period of validity, to modify the prices at any time.
Products, digital content, are downloadable and therefore delivered directly to the confirmation of payment, at no additional cost of transport, delivery.
The payment requested from the customer is the total amount of the purchase, including these costs.
An invoice is established by the seller and gave the client when ordering ordered products.
ARTICLE 3 - ORDERS
It is up to the customer to select on the site www.explorhappy.com The products he wishes to command, according to the following modalities:
The customer chooses a product that he puts in his basket, produces that he can delete or modify before validating his order and accept these general conditions of sale. He will then return his details. After validation of the information, the order will be considered definitive and will require payment on the part of the client according to the planned modalities.
Product offers are valid as long as they are visible on the site.
The sale will be considered valid only after full payment of the price. It belongs to the customer to check the accuracy of the order and immediately report any error.
Any order placed on the site www.explorhappy.com Constitutes the formation of a contract concluded between the client and the seller.
The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of an earlier order.
The customer can follow the evolution of his order on the site.
Article 4 - Terms of payment
The price is paid by secure payment, according to the following modalities:
payment by credit card
The price is payable cash by the customer, in full on the day of the passing of the order.
The payment data is exchanged in encrypted mode through the protocol defined by the authorized payment provider involved for banking transactions on the website www.explorhappy.com.
The payments made by the customer will not be considered definitive only after effective collection by the seller of the sums due.
The seller will not be required to proceed with the issuance of the products ordered by the customer if he does not pay him the price in full under the conditions indicated above.
Article 5 - Deliveries
Products, digital content, are downloadable and therefore delivered directly to the confirmation of payment, at no additional cost of transport, delivery.
The courses can be downloaded on the payment confirmation or on the mail sent to the customer upon confirmation of payment.
The code unlocking the gift card is sent by email to the customer as soon as payment confirmation.
The delivery is made up of the transfer to the customer of the physical possession or the control of the product.
The seller undertakes to make his best efforts to deliver the products ordered by the customer within the specified above time.
If the ordered products were not delivered within 15 days after the indicative date of delivery, for any other cause that the force majeure or the fact of the client, the sale may be resolved at the written request of the customer in the Conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned at the latest within fourteen days following the date of termination of the contract, excluding any compensation or retained.
The customer is required to check the condition of the delivered products. It has a period of 15 days from the date of delivery to formulate claims by mail, accompanied by all the relevant credentials (photos in particular). After this period and failing to have respected these formalities, the products will be deemed to be compliant and exempt from any apparent vice and any complaint can not be validly accepted by the seller.
The seller will reimburse or replace as soon as possible and at his expense, the products delivered including the defects of compliance or apparent or hidden defects shall have been duly proven by the Customer, under the conditions laid down in Articles L 217-4 et seq. Consumer Code and those provided for herein CGV.
The transfer of the risks of loss and deterioration relating thereto, will only be realized when the customer will physically take possession of the products. The products travel at the risk and perils of the seller except when the customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the property to the carrier.
Article 6 - Transfer of ownership
The transfer of ownership of the seller's products to the client will only be realized after full price payment by the latter, regardless of the date of delivery of the said products.
Article 7 - Right of withdrawal
Given the nature of the products sold, the explorehappy courses being a downloadable digital product from the confirmation of payment, the customer renounces his right of retraction of 14 days.
For the courses, the contract is therefore finalized as soon as the order is passed by the client according to the terms and conditions specified herein CGV.
For gift cards, the customer enjoys a retraction right of 14 days at the sole condition that he has not yet used his gift card, even partially, on the website www.explorhappy.com
Article 8 - Seller's Responsibility - Guarantees
The products provided by the seller benefit:
- of the legal conformity warranty, for defective, damaged or damaged products or not corresponding to the order,
- of the legal guarantee against hidden defects from a lack of material, design or manufacturing affecting the delivered products and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver a good consistent with the contract and responds with existing compliance defects when issuing. It also meets compliance defects resulting from the package, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility. »
Article L217-5 of the Consumer Code
"The property conforms to the contract:
1 ° If it is specific to the usual use of a similar property and, if necessary:
- if it corresponds to the description given by the seller and has the qualities he has presented to the buyer as a sample or model;
- if he presents the qualities that a buyer may legitimately wait in respect of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
(2) or if it presents the characteristics defined by the parties or is specific to any special purpose sought by the buyer, brought to the knowledge of the seller and that the latter accepted. »
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the issuance of the property. »
Article 1641 of the Civil Code.
"The seller is required to warranty for the hidden defects of the sold thing that makes it unsuitable for the use of it, or who diminish this use so much, that the buyer would not have acquired, or N would have given a lower price if he had known them. »
Article 1648 Paragraph 1st of the Civil Code
"The action resulting from the redirected defects must be brought by the purchaser within two years from the discovery of the vice. »
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a personal property, a rehabilitation covered by the guarantee, any period of immobilization At least seven days is added to the duration of the warranty that remained to run. This period runs from the application of the buyer's intervention or the provision for repair of the property in question, if this provision is after the request for intervention. »
In order to assert its rights, the customer will have to inform the seller, in writing (mail or mail), the non-compliance of the products or the existence of the vices hidden from their discovery.
The seller will reimburse, replace or repair the products or under warranty documents deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the charged rate and the return fee will be reimbursed upon presentation of the supporting documents.
Refunds, replacements or repairs of products deemed non-compliant or defective will be carried out as soon as possible and at the latest within 15 days of the seller's finding of the defect of conformity or hidden vice. This refund can be done by transfer or bank check.
The liability of the seller can not be engaged in the following cases:
- Failure to respect the legislation of the country in which the products are delivered, which it belongs to the client to verify,
- In case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, as in case of normal wear of the product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and can not engage the seller's responsibility.
The seller's warranty is, in any case, limited to the replacement or refund of non-compliant or vice-assigned products.
The customer is informed that the collection of his personal data is necessary for the sale of the products and their delivery / delivery, entrusted to the seller. These personal data are harvested only for the execution of the sales contract.
The customer is also informed that the collection of his personal data is also necessary in view of the following purposes:
Sending Explorehappy News by Email: Advertisement New Course, Tips Outings and Children's Activities
Survey quality of service and development of new services
9.1 Collection of personal data
The personal data that is collected on the website www.explorhappy.com are as follows:
When ordering products by the customer:
Names, first names, mailing address, phone number and e-mail address.
As part of the payment of the products offered on the website www.explorhappy.com, it registers financial data relating to the bank account or the credit card of the customer / user.
9.2 Recipients of personal data
Personal data is reserved for the single use of the seller and his employees.
9.3 Processing Manager
The data processor is the seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Limitation of treatment
Unless the customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Data Shelf Duration
The seller will retain the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual liability.
9.6 Security and confidentiality
The seller implements organizational, technical, software and physical measures for digital safety to protect personal data from unauthorized alterations, destruction and access. However, it is to be noted that the Internet is not a completely secure environment and the seller can not guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of customer rights and users
In application of the regulations applicable to personal data, customers and users of the website www.explorhappy.com have the following rights:
- They can update or delete the data that concerns them in the following way: sending an email to firstname.lastname@example.org
- They can delete their account by writing to the email address indicated in Article 9.3 "Treatment Manager"
- They may exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Treatment Manager"
- If the personal data held by the seller are inaccurate, they may request the updating of information information by writing to the address indicated in Article 9.3 "Treatment Manager"
- They may request the removal of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in Article 9.3 "Treatment Manager"
- They can also solicit the portability of data held by the seller to another provider
- Finally, they can oppose the processing of their data by the seller
These rights, as soon as they do not oppose the purpose of the treatment, may be exercised by sending an application by mail or by e-mail to the processing manager whose coordinates are indicated above.
The processing manager must provide an answer within a maximum of one month.
In case of refusal to grant the customer's request, it must be motivated.
The customer is informed that in case of refusal, he may file a claim with the CNIL (3 Place de Fontenoy, 75007 Paris) or seize a judicial authority.
The customer can be invited to check a box for which he agrees to receive informative and advertising emails from the seller. It will always have the possibility to withdraw its agreement at any time by contacting the seller (coordinates above) or by following the unsubscribe link.
Upon arrival on our site, we collect your express consent to the deposit of certain cookies on your terminal (eg advertising cookies, audience measurement cookies, social networking cookie), by means of a "pop up, on our homepage.
The refusal to accept cookies can limit the features of our website.
9.9 Commercial prospecting by email with subscription to the newsletter
We send you commercial prospection by email on the legal basis of your express consent collected when you sign up for the newsletter or when checking the "Receive Newsletter" box on the Purchase Summary page. If you no longer wish to receive commercial prospecting by email, you can let us know by one of the following means: mention here the methods you actually propose, for example:
- Click on the unsubscribe link in each email
- Send an email to the formulaireContact
After you unsubscribe, we delete your e-mail address unless you expressly consented to a subsequent use of your data or if we reserve the right of a wider use of the data, authorized by law, and of which we inform in this statement.
Article 10 - Intellectual Property
The content of the website www.explorhappy.com is the property of the seller and its partners and is protected by the French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 11 - Applicable law - Language
These CGVs and the resulting operations are governed and submitted to French law.
These CGV are written in French. In the case where they would be translated into one or more foreign languages, only the French text would make faith in case of dispute.
Article 12 - Litigation
For any complaint please contact the Customer Service at the POSTAL OR Mail of the seller indicated in Article 1 of these CGVs.
The client is informed that he may in any case use conventional mediation, with existing sectoral mediation bodies or any alternative mode of dispute settlement (conciliation, for example) in the event of dispute.
The client is also informed that he can also use the Online Litigation Platform (RLL) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = main.home .show
All disputes to which the purchase and sale operations concluded pursuant to these CGVs and which would not have been the subject of an amicable settlement between the seller or by mediation, shall be submitted to the competent courts under the right conditions common.
Article 13. Third party links and sites
The Company can not in any way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the buyer access via the site. The Company does not sit on the content, advertisements, products and / or services available on such third-party sites and applications that are recalled that they are governed by their own conditions of use. The Company is also not responsible for transactions between the buyer and any advertiser, professional or trader (including his potential partners) to which the buyer would be oriented through the site and can not under any circumstances Part of any possible litigation with these third parties concerning the delivery of products and / or services, the guarantees, declarations and other obligations to which these third parties are required.
Article 14 Prohibited behaviors
14.1 are strictly prohibited: (i) all behaviors likely to interrupt, suspend, slow or prevent the proper functioning of the site, (ii) all intrusions or attempts to intrusions in the systems of society, (iii) all diversion of resources Site system, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) all attacks on safety and authentication measures, (vi) all acts of nature to undermine the rights and financial, commercial or moral interests of the company or users of its site, (vii) any practice diverting the site for purposes other than those for which it has been designed and finally more generally (VIII) any breach of these terms and conditions or in the laws and regulations in force.
14.2 It is also strictly forbidden to monounce, sell or grant all or part of access to the site, as well as the information it contains.
14.3 In the event of a breach of any of the provisions of this article or more generally, of violations of laws and regulations, the Company reserves the right to take all appropriate measures and to initiate any legal action.
Article 15: Use of products
The challenges proposed during the courses are to be carried out under the supervision of an adult, ensuring the safety of the child.
Chalk drawings on the floor can be suggested during the challenges, any vandalism is to be proscribed.