À About us
The company LAUVIAH VOYAHES SARL, with a capital of 12’306.00 Euros, with registered office in TROIS-ILETS (97229) Anse Mitan, company and commerce chamber registry of FORT-DEFRANCE under number 829’615’517 represented by Mike MALMAIN (hereafter the Company).The Company offers the following services: sea excursions, trips in catamaran, sea trips with passengers, dolphin and Diamond Rock watching, and discovering MARTINIQUE through the Caribbean Coast and its marine biodiversity.
Foreword
The company invites the users to carefully read the following Sale and Use General Conditions (hereafter the GSC/GUC)) The GSC/GUC apply to all services rendered by the company to its clients of the same category, which are the clauses outlined in the client’s documents and especially the general purchase conditions. The GSC/GUC are systematically communicated to the Client that has requested them. The Client is obliged to know all GSC/GUC before sending an Order. The information registered in the information system of the Company constitutes proof of the transactions finalized with the Client.
Definitions
« Client» is any physical or moral person that sends an Order through this Internet Site, « Order» ” is any order shared by a subscribed service user of the Site, with the purpose of getting the benefit of the services offered by the Company; “«General Sales and Use Conditions » or « GSC/GUC » that establish the present General Sales and Online Use Conditions; « customer» ” is the name given to the physical purchasing person that is not acting under professional needs, or out of their professional activity; « Professional» is the name given to the moral or physical purchasing person that acts out of their professional activity; « Services» is the name given to all service provisions offered to users by the Company through this Site; « Site » is the name given to the present site, thereforewww.kokoumdo.com « Company» ” is the name given to the company Société Nature Kayaks et Découvertes EURL, better defined in the article 1 above; and « User » is the name given to every person that uses the Site.
Registration
Registration to the Site is open to all legal entities or individuals of legal age and enjoying their full personality and legal capacity. The use of the Services offered on the Site is conditional on the User’s registration on the Site. Registration is free. To proceed with the registration, the User must fill in all the mandatory fields, without which the service cannot be delivered. Otherwise, the registration cannot be completed. The Users guarantee and declare that all the information provided on the Site, in particular at the time of their registration, is exact and in conformity with reality. They agree to update their personal information from their profile page, which is available in their account. Every registered User has a login ID and a password. The latter is strictly personal and confidential, and must not be shared with third parties under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his or her login ID and password. The Company will not be held responsible for the theft of a User’s identity. If a User suspects fraud at any time, he or she must contact the Company as soon as possible so that the latter can take the necessary measures and normalize the situation. Each User, whether a legal entity or an individual, can only have one account on the Site. In the event of non-compliance with the GSC/GUC, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending Registered User. The deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site prior to the deletion of the account will be executed under the normal conditions. In the event that an account has been deleted by the Company for failure to comply with the duties and obligations set forth in the GSC/GUC, the offending User is expressly prohibited from re-registering on the Site directly, through another email address or through an intermediary without the express permission of the Company.
Services Provision and Prices
The Services covered by the GSC/GUC are those that appear on the Site and are offered directly by the Company or its partner service providers. The services are described on the corresponding page within the Site and the essential features of the service are mentioned in the same. The Company shall not be held responsible for the impossibility of providing said service when the User is not eligible. When a registered User wishes to be provided a service sold by the Company through the Site, the price indicated on the page of the service corresponds to the price in euros including all taxes (ATI) and takes into account the applicable discounts in force on the day of the Order. The price indicated does not include extra expenses which will be indicated if necessary in the summary before placing the order. The Company reserves the right to modify its prices at any time. It agrees to invoice the services at the rate applicable at the time of its Order. To provide the services whose price cannot be known before, nor indicated with certainty, a detailed estimate will be transmitted to the Customer. Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.
Orders
Orders can only be placed once the User has registered on the Site. The User, when logged into his account, can add Services to his/her virtual cart. The User can access the summary of his/her virtual basket in order to confirm the Services he/she wishes to order and place his Order by pressing the “Order” button. The Customer must then enter his address, the delivery method, and a valid payment method in order to finalize the order and effectively create the sales contract between him/her and the Company. The registration of an Order on the Web Site is considered finalized when the Customer accepts the GSC/GUC by checking the box provided for this purpose and validating the Order. This validation constitutes proof of the sales contract. The finalization of the Order implies the acceptance of the prices and the terms of provision of the services as indicated on the Site. Once the Order has been placed, the Customer will receive a confirmation by e-mail. This confirmation will summarize the Order and the information relating to the provision of the service(s). In the event that the payment is not provided, or where the address of the Customer is not correct, or another problem with the Customer’s account, the Company reserves the right to block the Customer’s order until the problem is resolved. In the case where it is impossible to provide the service, the Client will be informed by e-mail at the address that had been provided to the Company. In this case, the Order of this service will be cancelled and its reimbursement will be made, the rest of the order remaining firm and final. In the event of cancellation of an Order accepted by the Company less than 5 days prior to the scheduled date of provision of the Service for reasons other than force majeure, the Company reserves the right to retain 50% of the amount of the Order exclusive of VAT as damages in compensation for the loss suffered. The Company may grant the Client price reductions, discounts, and rebates based on the number of Services ordered or based on the regularity of the Orders, according to the conditions set by the Company.
Payment terms and modalities
Unless otherwise agreed, all sales are paid for in cash at the time the Order is placed. Depending on the nature or amount of the Order, the Company shall be free to require a deposit or payment of the full price upon placing the Order or upon receipt of the invoice. Payment can be made by : – Cheque – Bank transfer – Cash – Credit Card. In the event of non-payment of all or part of the services on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing transaction selected shall be the most recent on the date of the Service Order. In addition to the late payment penalties, any sum, including the deposit, not paid on the due date will automatically give rise to the payment of a fixed penalty of 40 euros as part of collection costs. In the event of total or partial non-payment of the services at the date agreed on the invoice, the Customer will have to pay the Company a penalty of delay which rate is equal to the legal interest rate. No compensation may be made by the Client between penalties for delay in the provision of services ordered and sums owed by the Client to the Company for the purchase of Services offered on the Site. The penalty due by the Customer, Professional or Consumer, is calculated on the amount due all taxes included and runs from the due date of the price without any prior formal notice being necessary. In case of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.
Provision of the services
The services ordered on the Site will be provided by The Company. The Company commits to using all human and material resources to provide the service within the timeframe announced when the Order was placed. However, it can in no way be held responsible for delays in the performance of services caused by faults that are not attributable to it. If the services have not been performed within the expected timeframe, the Customer may request the resolution of the sale under the conditions provided for in Articles L216-2 and L216-3 of the Consumer Code. The amounts paid by the Customer will be returned to him at the latest fourteen days following the date of termination of the contract. This provision does not apply when the Company’s delay is due to a fault of the Customer, or to a case of force majeure, i.e. the occurrence of an unforeseeable, unavoidable event beyond the Company’s control. In the event that the execution of a physical service could not be carried out or would have been postponed because of an error in the address indicated by the Customer, the travel expenses of the service provider mandated by the Company to carry out the unsuccessful service will be charged to the Customer.
Claim
For all Orders placed through this Site, the Customer has a right to make a complaint within 14 days of receiving the Service. In order to exercise this right of complaint, the Customer must send the Company, at resa.kokoumdo@gmail.com, a statement expressing his reservations and complaints, together with the relevant supporting documents. A complaint that does not comply with the conditions described above cannot be accepted. After examining the complaint, when it applies the Site may replace or reimburse the Services as soon as possible and at its own expense.
Consumer’s right of withdrawal
The Consumer has a right of withdrawal of 14 days following the placing of the Order, except for the products mentioned in article L221-28 of the Consumer Code as reproduced below: “The right of withdrawal cannot be exercised for contracts that:1st Supply services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and waiver of the right of withdrawal 2nd Supply goods or services whose price depend on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period; 3. Supply of goods produced following the consumer’s specifications or clearly personalized; 4. Supply of goods likely to deteriorate during the withdrawal period or likely to deteriorate or expire rapidly; 5. Supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 6. The supply of goods which, after delivery and by their nature, are indissociably mixed with other articles; 7. The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market that are beyond the control of the supplier; 8. Maintenance or repair works that must be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; 9. Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; 10. Supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications; 11. Contracts concluded at a public auction; 12. Provision of accommodation services, different than residential accommodation, goods transport services, car rental, catering, or leisure activities which are to be provided on a specific date or during a specific period; 13. The supply of digital content not provided on a tangible device, the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.”To exercise this right of withdrawal, the Consumer must send a statement to the address: resa.kokoumdo@gmail.com. The Customer will be reimbursed for all fees paid for the services within 14 days of the Company becoming aware of the Customer’s declaration of withdrawal. Reimbursements will be made by the same payment method used for the purchase. However, if the service has already been provided by the date the Company becomes aware of the withdrawal, the value of the service already provided shall be deducted from the reimbursement The latter will be operated by the same means of payment as for the purchase.
Processing of personal data
Registering on the Site entails the processing of the Customer’s personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Site. This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016. In addition, in accordance with the French Data Protection Act of January 6, 1978, the Customer has the right, at any time, to question, access, rectify, modify and oppose all of his personal data by writing, by mail, and proving his identity, to the following address: resa.kokoumdo@gmail.com. This personal data is necessary for the processing of the Order and setting of its invoices when it applies, as well as for the improvement of the functionalities of the Site.
Sharing of collected data
The Site may use third-party resources to perform certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data to allow the proper functioning of the Site. These third-party companies only have access to the data collected for the purpose of performing a specific task. The Site remains responsible for the processing of this data. In addition, the User may receive information or commercial offers from the Company or its partners. The User may at any time object to the receipt of such commercial offers by writing to the Company’s address indicated above, or by clicking on the link provided for this purpose in the e-mails received. In addition, Customer information may be transmitted to third parties without the Customer’s express prior consent for the following purposes: – to comply with the law – to protect any person from serious bodily harm or death – to combat fraud or attacks on the Company or its users – to protect the Company’s property rights.
Data Protection
The Company ensures an appropriate level of security proportional to the risks involved as well as their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016. However, these measures do not constitute a guarantee and do not hold the Company to an obligation of results concerning data security.
Cookies
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install cookies on the User’s computer. This cookie allows the storage of information related to the navigation on the Site, as well as to the possible data entered by the Users (in particular research, login, email, password). The User expressly authorizes the Company to place a file called a “cookies” on the User’s hard drive. The User can block, modify the duration of data conservation, or delete this cookie via the interface of his/her browser. If the systematic deactivation of cookies on the User’s browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
Modifications
The Company reserves the right to modify the Site, the services offered on the Site, the GSC/GUC, as well as any delivery procedure or other element of the services provided by the Company through the Site. When placing an Order, the User shall be subject to the provisions of the GSC/GUC in force at the time the Order is placed.
Responsibility
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and, although the Company makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, as voluntary action, to make the Site unavailable in order to perform any updating, improvement, or maintenance operations. As previously stated herein, the Company shall not be held liable for any delay in the performance of any Service for reasons beyond its control, independent from its will, unforeseeable and unavoidable, or for which it cannot be imputable.
Intellectual Property
The brand, the logo, and the corporate image of the present Site are registered trademarks with the INPI and under works protected by intellectual property, whose property belongs exclusively to the Company. Any dissemination, exploitation, representation, or reproduction, whether partial or complete without the express authorization of the said Company will expose the offender to civil and criminal proceedings.
Forum Clause
The law governing the GSC/GUC is French law. Any dispute that may arise between the Company and a User during the performance of the present contract will be subject to an attempt at an amicable resolution. Failure to resolve, disputes will be brought to the attention of the competent courts under common law. The Customer is informed that he can resort to a conventional mediation, with the Commission of Consumer mediation envisaged in Article L534-7 of the Consumer Code or with the existing authorities of sectorial mediation. In the event of a dispute, it may also resort to any alternative dispute resolution method.
Pre-contractual Information
Prior to placing an Order, the Customer recognizes having received communication, in a legible and comprehensible manner, with the GSC/GUC and the information and details specified in articles L111-1 to L111-7 of the Consumer Code, and in particular: – the essential characteristics of the Services; – the price of the Services; – the date or deadline by which the Company undertakes to provide the Service; – information relating to the identity of the Company (postal, telephone and electronic contact details); – information relating to the legal and contractual guarantees and their implementation methods; – the possibility of resorting to conventional mediation in the event of a dispute; – information relating to the right of withdrawal (deadline, provision methods). Placing an Order on the Site implies acceptance of the GSC/GUC. The Client cannot rely on a contradictory document.
Contact Information for the Mediator
Commercial Court of Fort-de-France, MARTINIQUE.
