GTC

TERMS AND CONDITIONS OF SALE

Article 1 – Scope of application

These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by the seller with non-professional buyers wishing to take advantage of the services offered for sale by the seller on the ww.terranova.darwinstaging.com website.

The seller / service provider named in these terms and conditions is the legal representative:
– Legal entity: Genton Peresset Clément
– SIRET:
– Registered office: 371 chemin du fourrier 38620 saint geoire en valdaine
– Telephone: 06 32 47 36 41
– Mail: info@terranova.darwinstaging.com
– Website: terranova.darwinstaging.com
– Activity: Professional coaching in canyoning, climbing and via ferrata.
The main features of the products, including specifications, illustrations and other information, are presented on the website.

The choice and purchase of a product are the sole responsibility of the customer. The general terms and conditions of sale are accessible to everyone on the site and will prevail over any other document.

For all registrations, the customer declares that he/she has read and accepted the general terms and conditions of sale by finalizing the online order on the site. In the absence of proof to the contrary, the data recorded in the seller’s computer system constitutes proof of all transactions concluded with the customer.
The customer also undertakes to be able to swim, to have no medical contraindications to the chosen activity, and to understand the recommendations given by the salesperson or guide. The customer must not have any heart problems, and must not be obese. The vendor cannot accept a customer weighing more than 120kg; beyond this limit, the service provider cannot supply suitable equipment. It is impossible to obtain materials from the various suppliers beyond this weight limit.

Article 2 – The price

Services are provided at the current rate shown on the site when the booking is registered by the seller. Prices are given in euros and include VAT. Prices take into account any discounts granted by the seller on the site.
These prices are firm and non-revisable during their period of validity, but the seller reserves the right to modify the price at any time outside their period of validity.

The payment requested from the customer corresponds to the total amount of the purchase. An invoice is drawn up by the seller and given to the customer on request. In this case, VAT is non-applicable under article 293B of the CGI.

Article 3 – Booking

To make a reservation, customers should call us directly on 06 85 28 00 02, send us an e-mail to info@terranova.darwinstaging.com, or select the product they wish to reserve on the site as follows:
– after the online booking request, you will be contacted as soon as possible in order to validate together the choice and the date of the requested service.

The reservation will be considered valid only after payment of a deposit equivalent to the price of the chosen activity for one person. However, the price is payable in full by the customer on the day of booking.

A deposit of 30% of the total amount is required for courses, community outings and corporate outings. Your registration will be effective upon receipt of the deposit and the signed quotation.

Any reservation made constitutes the formation of a contract concluded remotely between the customer and the seller. The seller reserves the right to cancel or refuse any reservation made by a customer. Customers can follow and participate in the progress of their reservation by e-mail.

Article 4 – Terms of payment

Deposits are paid by secure payment as follows: credit card, bank transfer, cheque sent by post.

The balance must be paid directly to the guide or instructor after the event, by credit card, bank transfer, cash or cheque.
We do not accept vacation vouchers or luncheon vouchers.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider “Yo planning” via “Stripe”, which is involved in banking transactions carried out on the site.
Payments made by the customer will not be considered final until the seller has received the sums due.
The seller will not be obliged to provide the service ordered by the customer if the customer does not pay the price in full in accordance with the above conditions.

Article 5 – Cancellation – Postponement

As a reminder, the right of withdrawal, or cooling-off period, for all distance sales of services, where the website is aimed at consumers, is a principle of public policy. However, according toarticle L. 221-28 of the French Consumer Code paragraph 12 the right of withdrawal does not apply: “12° The right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time;”

In this case, the seller makes an exception and authorizes the right of cancellation or postponement to his customer, which can be exercised online at terranova.darwinstaging.com, by telephone, or by e-mail up to 48 hours before the start of the activity, without financial penalty. After this period, the deposit already paid cannot be returned and the total balance will be invoiced.
For any absence of a registered participant not notified 48 hours in advance, a fee of 50% will be charged.

In exceptional cases or cases of force majeure, the customer may be reimbursed in full by the vendor within 48 hours of the activity’s start time if he/she is able to provide proof of an urgent and unforeseeable event, in accordance with the following procedure: sending proof by e-mail (notice of death of a relative, medical certificate stating that the activity is unsuitable, etc.).

The guide or instructor in charge of the professional supervision of the activity reserves the right to cancel at the last minute, according to his or her personal and professional judgment, in the event of unfavorable weather or dangerous conditions for clients (e.g. excessive water flow in canyoning). In this case, you will be given priority to rescheduling the activity according to the salesperson’s schedule. If no new dates are found, the customer will receive a full refund.

Rain and locally forecasted thunderstorms do not give rise to cancellations or postponements if the guides and instructors assess that they are not dangerous for the activity. If in doubt, please contact us beforehand. If the customer does not show up for the activity because the weather is not suitable, the full cost of the activity will be charged.

Article 7 – Liability of the seller and the service provider – Insurance

Each guide and instructor is independent, working on his or her own behalf as a service provider. Each of them holds up-to-date “Professional Civil Liability” insurance, verified by the main vendor. This insurance covers material, immaterial or bodily damage caused to third parties as a result of errors, mistakes or negligence.

All guides and instructors are also registered with the local DDJS and hold an up-to-date professional card verified by the main vendor. All are “Jeunesse et Sports” accredited.

In order to benefit from insurance, you must first pay for the service in full.

Article 8 – Personal data

The customer is informed that the collection of his personal data is necessary for the sale of services and the performance entrusted to service providers. This personal data is collected solely for the purpose of fulfilling the service contract.

The personal data collected on the site are linked to the reservation or information request via the various forms encountered. You will be asked for your first and last name, postal address, telephone number and e-mail address. This data may also be requested when you call us by telephone to finalize a reservation. As part of the payment process for services offered on the site, the site records financial data relating to the customer’s bank account and credit card via the Yo Planning service provider.

Personal data is reserved for the sole use of the service provider.

Unless the customer expressly agrees, personal data will not be used for marketing advertising purposes.

The service provider will keep the data thus collected for a period of five years, covering the period of prescription of the applicable contractual civil liability.

The service provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the provider cannot guarantee the security of the transmission and storage of information over the Internet.

In application of the regulations applicable to personal data, customers and users of the site have the following rights:
– they can update or delete their data by sending an e-mail to info@terranova.darwinstaging.com.
– they may request the deletion of their data by writing to the following e-mail address info@terranova.darwinstaging.com
– they can exercise their right of access to their personal data by writing to the e-mail address.
– if the personal data held by the service provider is inaccurate, they may request that the information be updated by writing to the e-mail address.
– they may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the e-mail address.
– they can also request the portability of data held by the service provider to another service provider.
– Finally, they may object to the processing of their data by the service provider.

These rights, where they do not concern the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller. The data controller must respond within a maximum of one month. Any refusal to grant the customer’s request must be justified. Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL or refer the matter to a judicial authority.

The customer may be asked to tick a box indicating that he/she agrees to receive informative and advertising e-mails from the service provider. He/she may withdraw his/her consent at any time by contacting the service provider by e-mail.

Article 9 – Image rights

Image rights allow you to enforce your right to privacy. In this case, the service provider considers the photos taken during an activity to be photos of a current event. This exception therefore authorizes the company to use your image for its communication media (flyers, posters, website, facebook, instagram and others).

However, you can request the removal of an image from the person responsible for its distribution. In the event of refusal, you can refer the matter to a judge and/or the CNIL if the image is published online. You can lodge a complaint if your privacy is violated.

In compliance with article 110 of the French Data Protection Act n°78-17 of January 6, 1978.

Article 10 – Intellectual property

The content of the site is the property of the seller and its partners. It is protected by French and international intellectual property laws.

Reproduction in whole or in part is strictly forbidden under penalty of prosecution.

Article 11 – Application

The general terms and conditions of sale are governed by and subject to French law. In the event of a dispute, the French text shall prevail.

Article 12 – Theft or loss of personal property

The seller warns the customer about the potential theft and breakage of his parked vehicle during the activity. The seller declines all responsibility in the event of theft or breakage of a customer’s vehicle. If this happens, the customer must always be able to pay for the service in full, and can then turn to the nearest Gendarmerie.

The service provider also declines responsibility for any loss or breakage of personal items such as Gopro cameras, cameras, jewelry or smartphones during the service.

Clients may be asked to leave their personal belongings in the guide’s waterproof canister or backpack, such as car keys or cell phone. Here too, the service provider declines all responsibility for any loss or breakage of these items. There’s no such thing as zero risk: the waterproof canister can be subject to shock or leakage, and the same goes for the monitor’s backpack.

Article 13 – Punctuality

In the event of delay, the customer must notify the service provider. A 20-minute delay can be tolerated if advance notice is given. After this time, the activity will start without the customer and there will be no possibility of catching up with the group during the activity. In this case, the customer will be considered absent and must be able to pay 50% of the initially agreed price.

Article 14 – Meeting points – GPS

The seller, for his part, has made every effort to facilitate the appointment at a precise point: GPS point, Google Maps itineraries and detailed text address. It is the customer’s responsibility to respect the location indicated by the service provider, otherwise they may get lost and cause delays. If in doubt, call the service provider for verbal guidance. Customers should not place blind trust in their GPS, which may fail due to a lack of internet connection to the 3G or 4G network.

Article 15 – Disputes

For all claims please contact the seller by e-mail. The customer is hereby informed that, in the event of a dispute, he/she may in any case have recourse to conventional mediation with existing sectoral mediation bodies or to any other alternative dispute resolution method (conciliation, for example). The customer is also informed that he/she may have recourse to the online dispute resolution platform. All disputes arising from sales and purchase transactions concluded in application of the present terms and conditions of sale, and which have not been settled amicably by the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Article 16 – Weight of participants

We cannot accept people over 125 KG, as the equipment (harness) is not standardized for this type of body shape and we do not have wetsuits for this type of body shape.
We are also unable to guarantee your safety during parades.
For adults, we use a height in cm/weight in kg ratio. If it’s greater than 1.8, it’s okay.

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