These General Terms and Conditions of Sale are current as of January 1, 2022.
IDENTIFICATION - PREAMBLE
These General Conditions of Sale (hereinafter '' GTC '') are offered by Atelier du vent, SARL HBI, registered in the Chambery Trade and Companies Register under the number SIRET 452 308 562 00043 whose registered office is 209 rue de la Cité de Champoulet 73600 Salins Fontaine. His telephone number is 06 71 90 21 95, his e-mail address is firstname.lastname@example.org.
Atelier du Vent is the owner and publisher of the website www.atelierduvent.com (hereinafter the “Site”).
The Site offers the Customer (hereinafter "the Customer") the reservation of paragliding flights or the purchase of gift vouchers for paragliding flights, making contact for a marketing action (V Race) or access to an online store (hereinafter, the “Services”).
Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and to order the Services on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
APPLICATION AND OPPOSABILITY OF THE T&Cs
The purpose of these T&Cs is to define all the conditions under which Atelier du vent markets the Services as offered for sale or reservation on the Site to Customers. They therefore apply to any reservation or purchase of a gift voucher (“Order”) by the Customer.
The Customer declares to have read and accepted these GCS at the time of booking on this site or purchasing gift vouchers or products on the site www.atelierduvent.com.
The validation of the Order therefore implies acceptance of these GCS. These are regularly updated, the applicable T&Cs are those in force on the Site on the date the Order is placed.
Any contrary condition set by the Customer would therefore, in the absence of express acceptance, be unenforceable against Atelier du vent regardless of when it may have been brought to its attention.
The fact that Atelier du vent does not avail itself at any given time of any provision of these T&Cs, cannot be interpreted as a waiver to avail itself later of any provision of the said T&Cs.
ORDERING SERVICES ON THE SITE
The various flights offered for sale are described and presented with the greatest possible accuracy.
Atelier du vent reserves the right to correct the content of the Site at any time, in particular by updating the Services temporarily unavailable, the prices or the new items in the catalog.
The Customer selects the Service(s) he wishes to reserve or for which he wishes to purchase a gift voucher. The Customer can access the summary of his Order at any time.
The purchase of a gift voucher is made according to the system set up by atelierduvent.com.
The Customer guarantees to be an adult with the capacity to contract.
PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
The prices are mentioned on the Site in the descriptions of the Services, in euros and excluding tax and all taxes included.
In the event of the purchase of a gift voucher, the Customer follows the process indicated on the site and proceeds to payment. The T&Cs are therefore accepted by the Customer.
In case of online booking reservation, payment will be made online. No payment on site. Payment on site is made in euros, in cash, by check, ANCV check, by credit card or any other means of payment.
Full payment must be made on the day of the Order by the Customer in the event of the purchase of a gift voucher or a flight. When a reservation is made on the Site, a deposit is requested. A flight cancellation must be made at least 24 hours before the flight time, otherwise the total amount of the flight will be due to Atelier du Vent.
After booking a flight, if the weather and aerology conditions are not good enough to make the flight, or if the flight is cancelled, by the Client or Atelier du Vent for unforeseeable events (illness, injury, etc.), the flight can be postponed or reimbursed, according to the customer's choice.
If the flight is booked and the Customer does not show up on the day of the appointment for X reasons, the flight will not be refunded and will be due to Atelier du vent in its entirety.
Atelier du vent reserves the right to suspend or cancel any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Customer to Atelier du Vent. wind, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
PERIOD OF VALIDITY OF THE GIFT VOUCHER
The validity period of a gift voucher is unlimited in time.
The conditions for reimbursement of a gift voucher: impossibility of carrying out the flight (weight, illness, injury, etc.).
For reasons related to the aerology or the weather, flights can only be carried out depending on the conditions, the accessibility of the take-off site and the availability of the schedule.
USE OF A GIFT VOUCHER
The “Atelier du vent” gift vouchers are numbered. They are nominative and are in this case non-exchangeable.
RESERVATION OF A FLIGHT
In order to make a flight, the Customer must book online or by calling 06 71 90 21 95 or book their flight online on the www.atelierduvent.com website.
Flight reservations using gift vouchers can only be made by telephone on 06 71 90 21 95 and cannot be booked online.
It is strongly advised not to book the day before for the next day due to the high number of people.
Atelier du vent is open every day, 7 days a week (except weather and unsuitable conditions as indicated in the following article) weekends and holidays included.
The Customer is informed that the booked flight may be canceled by Atelier du vent, including at the last moment, for reasons beyond Atelier du vent.
The flight can thus be canceled for:
• Reasons relating to the safety of the passenger and his pilot,
• Unfavorable weather and aerology (rain, storm, strong wind, badly oriented wind at take-off, etc.),
• Too much snow on take-off,
• Site closed by the authorities,
• Exceptional closure (staff strike, technical problem, technical breakdown, etc.),
• Last-minute absence of an instructor due to force majeure (illness, injury, etc.).
Under no circumstances can the flight be refunded if the cancellation results from one of the reasons listed above. The flight may be postponed, the Customer having to book another date.
A cancellation by the Customer less than 24 hours before the flight and not justified by one of the reasons listed above will give rise to the invoicing of the flight.
The Customer agrees to comply with the terms of these T&Cs.
The Customer agrees to use the Site in accordance with the instructions of Atelier du vent.
The Customer agrees to refrain from:
To use the Site in any illegal way, for any illegal purpose or in any way incompatible with these T&Cs,
To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site,
Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site,
Use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site,
To infringe the intellectual property rights of Atelier du vent,
To disparage the Site and/or the Services as well as Atelier du vent on social networks and any other means of communication.
The Customer is solely responsible for the information he provides when placing the Order. Under no circumstances can Atelier du vent be held liable if the information provided by the Customer is incorrect or incomplete.
If, for any reason, Atelier du vent considers that the Customer does not comply with these T&Cs, Atelier du vent may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal against him.
It is strongly recommended that the Client have insurance in the event of injury during the service. For information, each instructor has insurance for the exercise of his professional activity as well as for the carriage of his passenger.
During the service, the Customer must be courteous with the instructor and the other people who have booked a flight. The Customer undertakes to respect all the security measures in order not to put his life or that of his instructor in danger. A safety briefing will be carried out by each instructor before take-off. This briefing must be strictly respected by the Client.
The monitor is the only decision maker of the realization of the flight or not. Under no circumstances may the Customer question the decision of the instructor, who controls the air conditions.
Atelier du vent implements all the measures necessary to ensure the Customer the supply, under optimal conditions, of quality Service(s).
Atelier du vent cannot be held liable for any inconvenience related to external elements, such as the weather.
It cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party outside the contract, or to a case of force majeure. More generally, if the responsibility of Atelier du vent were engaged, it could not in any case agree to compensate the Customer for consequential damages.
The Site may contain links to other sites not published or controlled by Atelier du vent, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement, by the Atelier du vent, of these sites and these elements or contents.
Atelier du vent is not responsible for the availability of these sites and cannot control their content or validate the advertising, the Service(s) and other information disseminated on these websites.
Atelier du vent attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
As part of the provision of the Service(s), Atelier du vent collects personal data from Customers and in particular the following data:
- E-mail address
- First name
- Last name
- Telephone number
- Mailing address and billing address
Atelier du vent collects and processes the personal data of Customers for the following purposes:
Provision of the Service(s) on the Site;
Order management ;
Information on the Atelier du vent, the Services, and on the activities of the Atelier du vent;
Response to any questions/complaints from Customers;
Management of requests for rights of access, rectification and opposition;
Management of outstanding payments and disputes.
The photos taken during the service are subject to image rights and therefore to the Client's consent. The photos are sent to the Customer and kept by Atelier du vent.
Data relating to the management of Customers' personal data is kept for the legal retention period of commercial contracts.
The personal data of Customers is processed by the sales department of Atelier du vent as well as by partner companies and subcontractors of Atelier du vent.
In the event of an order for gift vouchers, Atelier du vent is responsible for processing during collection for the purpose of booking the order. It is up to Atelier du vent to communicate its confidentiality policy to the Customer and to inform the Customer of all the processing that it carries out for its own account with the Customer's data.
Atelier du vent may also communicate personal data in order to cooperate with the administrative and judicial authorities.
Atelier du vent ensures that the personal data of Customers is adequately and appropriately secured and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons. .
Customers acknowledge that the personal data disclosed by them is valid, current and adequate;
Customers undertake not to infringe the privacy, image and protection of personal data of any third party and thus not to communicate to Atelier du vent the data of third parties without their consent (except Nice present).
The legal basis of the processing carried out by Atelier du vent is contractual, formalized by these GCS which the Customer must accept. When the Order is placed on behalf of a third party, the legal basis for the processing of the personal data of this third party is the legitimate interest.
The Customer is informed that he can exercise, in accordance with the provisions of law 78-17 of January 6, 1978 as amended, his rights of access, rectification, deletion, request the limitation of processing and the portability of his data in contacting Atelier du vent by telephone or e-mail. The Customer can also determine the fate of his data after his death. The Customer may, if necessary, lodge an appeal with the internal control authority, the CNIL in France.
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the information system of the Atelier du vent. The Customer may not harm or hinder the information system of the Atelier du vent. Failing this, Atelier du vent may take any measure against it and in particular incur criminal liability under articles 323-1 and following of the Penal Code.
All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of Atelier du vent. All of these rights are reserved worldwide.
The Atelier du vent and V Race name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of Atelier du vent and Serge Heulluy.
No title or right whatsoever to any element of the Site will be obtained by downloading or copying elements of this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site.
Any use by the Customer of the corporate names, trademarks and distinct signs belonging to Atelier du vent is strictly prohibited except with the express prior consent of Atelier du vent (written proof).
The "clicks" of the Customers made under the acceptance of these general conditions of sale, but also under the order and payment of the products or gift vouchers are worth acceptance of the contract.
The computerized registers kept in the computer systems of Atelier du vent, will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties.
Archiving of orders and invoices is carried out on a reliable and durable medium that can be used as evidence.
APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GCS, and that the Customer is a consumer, the latter may decide to submit the dispute with Atelier du vent to a conventional mediation procedure or any other alternative method of dispute resolution.
The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://ec.europa. eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
In the event of failure of this mediation procedure or if the Customer wishes to take legal action, the rules of the Code of Civil Procedure will apply.
You will be delivered within a maximum of 30 days from the date of order (article L.138-1 of the Consumer Code).
In the event that Atelier du Vent is unable to deliver the products ordered, it is required to inform you. This case implies the nullity of the contract, and you are entitled to claim a refund of your order, including postage. The 14-day period also applies.
Return policy :
If the item ordered does not correspond to the size level, or if the product is defective on delivery, it may be returned to Atelier du Vent within 15 days maximum, at your expense with your local carrier.
Once the article has been received by Atelier du Vent and if it is deemed suitable for reimbursement, a payment on your means of payment will be made by Atelier du Vent for the initial amount of the article, within 14 days maximum.
Customers can initiate a return procedure within 14 days from the date of receipt (legal withdrawal period: when this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day). If the customer wishes to return his purchases, he is entitled to do so without necessarily providing any justification.
The merchant site cannot refuse it. However, return costs (unless otherwise specified by the e-merchant, who can provide you with a return label) are the responsibility of the customer.