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Terms of Sales

ARTICLE 1 – SCOPE OF APPLICATION

These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site enpistelulu.com. The Products offered for sale on the site are digital tourist routes.

The main characteristics of the Products and in particular the forecast indications of duration or distance of the Products are presented on the site enpistelulu.com, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

These General Terms and Conditions are accessible at any time on the site enpistelulu.com and will take precedence over any other document. The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure for the enpistelulu.com site.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:

Lucie Niobey El, Micro-entreprise

SIREN 854097649

157 chemin des Buttereaux, 14600 Fourneville

Email : bonjour [a] enpistelulu.com

ARTICLE 2 – PRICES

The Products are supplied at the current prices appearing on the site enpistelulu.com, when the order is registered by the Seller.

Prices are expressed in Euros including tax.

The prices take into account any reductions that may be granted by the Seller on the enpistelulu.com website.

These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

An invoice is established by the Seller and sent by email to the Customer when the ordered Products are made available.

ARTICLE 3 – ORDERS

It is up to the Customer to select the Products he wishes to order on the enpistelulu.com website, according to the following terms:

The Customer chooses a Product which he places in his basket, a Product which he can delete before validating his Order and accepting these General Conditions of Sale. He then creates a member area where he enters his last name, first name and email address, possibly a promotional code, as well as his billing address. He communicates his banking information in the tabs provided for this purpose and clicks on “Order” (1st Click).

Before paying for their order, the Customer must read these General Terms and Conditions. By proceeding with the 1st Click, the Customer acknowledges having read and accepted the General Terms and Conditions.

Once the Product has been ordered, the Customer receives an email at the indicated address allowing them to confirm the creation of their account. Once this confirmation has been completed, the Customer will be able to access a reserved space allowing them to access the Products purchased. They are personal, confidential and non-transferable.

Product offers are valid as long as they are visible on the site.

The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site enpislelulu.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The order must be confirmed and expressly validated by the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is, for example, a dispute relating to the payment of a previous order.

The information communicated by the Customer when placing the order is binding on the Customer. Thus, the Seller’s liability cannot in any way be sought or incurred in the event that an error when placing the order prevents or delays the provision of the Products.

Modification of the Order

Given the nature of the Products, no modification of the order by the Customer will be possible after confirmation thereof by the Seller, which is expressly accepted by the Customer.

Cancellation of the order

Given the nature of the Products, no cancellation of the order by the Customer will be possible after confirmation thereof by the Seller, which is expressly accepted by the Customer.

ARTICLE 4 – CUSTOMER AREA – ACCOUNT

In order to place an order, the Customer is invited to create an account (personal space).

To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address.

The Customer is responsible for updating the information provided. He is informed that he can modify them by logging into his account.

To access their personal space and order history, the Customer must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal. As such, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.

The Customer may also request unsubscription by going to the dedicated page in their personal space or sending an email to: bonjour [a] enpistelulu.com. This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the site enpistelulu.com will have the possibility of suspending or even closing a customer’s account after formal notice sent electronically and remaining without effect.

Any deletion of an account, whatever the reason, results in the pure and simple deletion of all personal information of the Customer.

Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.

Creating an account entails acceptance of these general conditions of sale.

The price is paid by secure payment method, according to the following terms:

  • by credit card ;
  • by PayPal.

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by approved payment providers involved in banking transactions carried out on the enpistelulu.com site.

Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.

The Seller will not be required to make the Products ordered by the Customer available if the Customer does not pay the price in full under the conditions indicated above.

ARTICLE 5 – SUPPLY OF DIGITAL CONTENT

Certain Products accessible from the Site require the creation of an Account by the Customer.

The creation of an Account is a declarative procedure allowing the Customer to enter a certain amount of information concerning him so that this is associated with the access rights he benefits from on all or part of the Products on the Site. The Customer undertakes, when creating his Account, to provide accurate and complete information.

The account is associated with access codes, that is to say an identifier and a password, chosen by the Customer, allowing him to identify himself on the Site, to connect to his Account and to benefit from associated Products.

These access codes are strictly personal and confidential. Each Customer acknowledges and accepts that any connection to the Site, any use of a Product or any Order made from their Account is deemed to have been made by them. The Customer is exclusively responsible for the confidentiality of his access codes, who cannot in any way hold the Seller liable in the event of hacking or loss resulting from unauthorized use of the Site or fraudulent use of its access codes.

The Customer undertakes to keep his access codes secret and undertakes not to disclose them in any form whatsoever to third parties. You are also invited to log out at the end of each visit to the Site.

Access to the Site is individual, therefore it is only available and valid for one person. In the event that the Site is used by several people, the Seller reserves the right to suspend or interrupt the Customer’s access or to charge additional fees.

The Customer is only authorized to use the Products for his personal needs. In the event of non-compliance with this rule by the Customer, the Seller reserves the right to suspend or interrupt the Customer’s access and to seek damages in court. All sums already paid to the Service Provider will remain with them as compensation.

Failure to comply with the provisions of this article will result in the definitive exclusion of the Customer from the Products as well as the closure of their online access and will result in a firm and definitive ban on participating in any event organized by the Seller, without prejudice to damages and interests.

The Product is supplied immediately after payment. Delivery consists of opening reserved access to the Product on the Site.

The Products delivered to Customers are made available to the Customer from the Customer’s order and until the date on which the Seller ceases its activity, subject to compliance with all the provisions provided for in these General Terms and Conditions.

ARTICLE 6 – RIGHT OF WITHDRAWAL

Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal. The contract is therefore definitively concluded upon placing the order by the Customer according to the terms specified in these General Terms and Conditions.

The Customer acknowledges and accepts that the Product is made available immediately after payment and that he therefore expressly waives his right of withdrawal by clicking on “I order”. This click certifies that the Customer has read the general conditions of sale and use and accepts their terms and certifies that he expressly waives his right of withdrawal in accordance with article L.221-28, 13° of the Code of consumption and that he has received all the necessary pre-contractual information.

ARTICLE 7 – PERSONAL DATA

The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products and their provision, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.

7.1 Collection of personal data

The personal data collected on the enpistelulu.com website is as follows:

  • Account opening

A name and email address are collected when a Customer account is created.

  • Payment

As part of the payment for Products offered on the enpistelulu.com website, the latter records a billing address.

7.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller.

7.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and Regulation 2016/679 on the protection of personal data.

7.4 Limitation of processing

Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

7.5 Data retention period

The Vendor will keep the data thus collected for three years after the Customer’s last activity on the Site.

7.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

7.7 Enforcement of Customer and user rights

Pursuant to the regulations applicable to personal data, Customers and users of the enpistelulu.com website have the following rights:

  • They may update or delete the data concerning them.
  • They may delete their account.
  • They may exercise their right of access to their personal data.
  • If the personal data held by the Seller is inaccurate, they may request that the information be updated.
  • They may request the deletion of their personal data, in accordance with applicable data protection laws.
  • Finally, they may object to the processing of their data by the Seller.

These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the Data Controller, whose contact details are given in article 1, or via the contact form.

The Data Controller must respond within a maximum of one month. If the Customer’s request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which they agree to receive informative and advertising e-mails from the Vendor. They may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

ARTICLE 8 – INTELLECTUAL PROPERTY

The content of the enpistelulu.com website is the property of the Seller and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 9 – APPLICABLE LAW – LANGUAGE

These GCS and the transactions arising from them are governed by and subject to French law.

These GCS are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 10 – DISPUTES

In accordance with the provisions of the Consumer Code relating to the “mediation process for consumer disputes”, the Customer who is a consumer has the right, with a view to the amicable resolution of a dispute arising from the contract and opposing him to the Vendor, to have recourse free of charge and under the conditions laid down by the said Code, to a consumer mediator to whom the Vendor is answerable.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, the Vendor has set up a consumer mediation system. The mediation body chosen is the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C).

In the event of a dispute, the consumer may lodge a complaint :

  • on the https://www.cm2c.net/ website;
  • by e-mail to cm2c@cm2c.net
  • by post, to the following address: 49 Rue de Ponthieu, 75008 Paris.

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions entered into pursuant to these GTCS and which have not been settled amicably between the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.