PREAMBLE
The present general terms and conditions of sale apply to all sales concluded on the Wheelchair on the road website.
The https://wheelchairontheroad.net website is a service of
- The Wheelchair on the road association
- located 33600 Pessac, France
- e-mail: wheelchairontheroad@gmail.com
The Wheelchair on the road website sells the following products: subscription to digital travel guides for people with reduced mobility and seniors.
The customer declares that he has read and accepted the general terms and conditions of sale before placing the order. The validation of the order therefore implies acceptance of the terms and conditions of sale.
ARTICLE 1 – PRINCIPLES
The present general terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
They are available on the Wheelchair on the road website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They shall be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
ARTICLE 2 – CONTENT
The purpose of these general terms and conditions is to define the rights and obligations of the parties as part of the online sale of goods offered by the seller to the buyer, from the Wheelchair on the road website.
The present conditions only concern purchases made on the Wheelchair on the road website.
These purchases concern the following products: digital travel guides for people with reduced mobility and seniors.
ARTICLE 3 – PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the present general terms and conditions of sale and of all the information listed in Article L. 221-5 of the French Consumer Code.
The following information is provided to the buyer in a clear and comprehensible manner:
– the main characteristics of the goods ;
– the price of the good and/or the way the price is calculated;
– information relating to the seller’s identity, postal and electronic contact details, to his activities, those relating to legal guarantees, to functionalities of the digital content and, where applicable, to its interoperability, to the existence and procedures for implementing guarantees and other contractual conditions.
ARTICLE 4 – THE ORDER
The buyer has the possibility of placing an order online, from the online catalogue and by means of the form which appears there, and for all products.
In order for the order to be validated, the buyer must accept the present general conditions by clicking in the indicated place.
The sale will be considered final:
– after the seller has sent the buyer confirmation of acceptance of the order by e-mail
– and after collection by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale.
In some cases, in particular failure to pay, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is solved.
For any question relating to the tracking of an order, the buyer can send an e-mail to the seller at the following address: wheelchairontheroad@gmail.com.
ARTICLE 5 – ELECTRONIC SIGNATURE
The online submission of the buyer’s credit card number and the final validation of the order shall be deemed proof of the buyer’s agreement:
– payability of the sums due under the order form;
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following address: wheelchairontheroad@gmail.com.
ARTICLE 6 – ORDER CONFIRMATION
The seller provides the buyer with an order confirmation by e-mail.
ARTICLE 7 – TRANSACTION PROOF
The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be used as proof.
ARTICLE 8 – PRODUCT INFORMATIONS
The products governed by these general terms and conditions are those which appear on the seller’s website.
The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.
ARTICLE 9 – PRICES
The seller reserves the right to modify his prices at any time but undertakes to apply the prices in force at the time of the order.
The prices are indicated in euros. The prices take into account the French VAT applicable on the day of the order and any change in the applicable French VAT rate will automatically be reflected in the price of the products in the online shop.
ARTICLE 10 – METHOD OF PAYMENT
This is an order with a payment obligation, which means that the placing of the order implies a payment from the buyer.
To pay for his order, the buyer can choose among all the payment methods made available by the seller. The buyer guarantees the seller that he has the necessary authorisations to use the method of payment he has chosen when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event that authorisation for payment by credit card is refused by the officially accredited organisations or in the event of non-payment. The seller also reserves the right to refuse to deliver or to fulfil an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being handled.
Payment of the price is made in full on the day of the order, using the following methods:
– credit card (via Stripe)
– paypal
ARTICLE 11 – RIGHT OF WITHDRAWAL
In accordance with article L121-20 of the French Consumer Code, the consumer has a period of 7 clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties. For the provision of services, the period mentioned runs from the day on which the order is confirmed by e-mail. When the 7-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
By way of derogation, article L121-20-2 of the French Consumer Code provides that the right of withdrawal cannot be exercised, unless the parties have agreed otherwise, in particular for contracts:
– concerning the supply of services whose performance has begun, with the consumer’s agreement, before the end of the period of 7 clear days.
– concerning the supply of goods made according to the consumer’s specifications or clearly personalised or which, due to their nature, cannot be returned.
For the Wheelchair on the road service, the buyer expressly agrees that the service shall start before the expiry of the legal withdrawal period.
In any case, the services are fully executed before the end of the withdrawal period and the performance of which has begun after prior express agreement of the consumer and express renunciation of his right of withdrawal.
The buyer acknowledges that he does not have a right of withdrawal for his order.
ARTICLE 12 – FORCE MAJEURE
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are unpredictable, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, these general terms and conditions may be terminated by the wronged party.
ARTICLE 13 – INTELLECTUAL PROPERTY
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 14 – DATA PROCESSING AND LIBERTIES
The personal data provided by the buyer are necessary for the processing of the order and the issuing of invoices. They may be transmitted to the seller’s partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him. This right can be exercised under the conditions and according to the methods defined on the Wheelchair on the road website.
ARTICLE 15 – PARTIAL NON-VALIDATION
If one or more provisions of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
ARTICLE 16 – NON-WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the said obligation.
ARTICLE 17 – TITLE
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent.
ARTICLE 18 – MEDIATION AND DISPUTE RESOLUTION
In the event of a dispute, the buyer may have recourse to conventional mediation, in particular through the Commission for Consumer Mediation or through existing sector-based mediation bodies, or to any alternative dispute resolution method (conciliation, for example). The name, contact details and e-mail address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, which aims at facilitating the independent out-of-court settlement of online disputes between consumers and professionals within the European Union. This platform is available at the following link: https://webgate.ec.europa.eu/odr/.
ARTICLE 19 – APPLICABLE LAW
The present general terms and conditions are subject to the French law. The competent court is the judicial court.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to find an amicable solution.
Article 20 – Protection of personal data
Data collected
The personal data collected on this site are the following:
– account opening: when the user’s account is created, his surname, first name, e-mail address, postal address;
– connection : when the user connects to the website, the latter records, in particular, his surname, first name, his connection data, usage data, location data and payment data;
– profile : the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
– payment : in the context of payment for products and services offered on the website, the latter records financial data relating to the user’s bank account or credit card;
– communication : where the website is used to communicate with other members, data relating to the user’s communications are temporarily stored;
– cookies : cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users are aimed at providing the website services, improving them and maintaining a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimisation of the website;
– organisation of the conditions of use of the payment Services;
– checking, identification and authentication of data transmitted by the user;
– providing the user with the possibility to communicate with other users of the website;
– implementation of user support;
– personalising services by displaying advertisements according to the user’s browsing history and preferences;
– preventing and detecting fraud, malwares (malicious software) and managing security incidents;
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences.
Sharing of personal data with third parties
Personal data may be shared with third parties in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has concluded contracts;
– when the user posts publicly accessible information in the free comment areas of the website;
– when the user allows a third party’s website to access his data;
– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in the course of providing these services and are contractually obliged to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data to follow up on claims made against the website and to comply with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data are transferred to a third party.
Security and privacy
The website implements organisational, technical, software and physical measures for digital security 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 website cannot guarantee the secure transmission or storage of information over the internet.
Implementation of users’ rights
In accordance with the regulations governing personal data, users have the following rights, which they can exercise by sending a request to the following address: wheelchairontheroad@gmail.com
- the right of access: they can exercise their right of access, in order to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website are inaccurate, they may request the update of the information.
- the right to ask for data deletion: users may request the deletion of their personal data, in accordance with applicable data protection laws.
- the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
- the right to object to the processing of data: users may object to their data being processed in accordance with the provisions of the GDPR.
- the right to portability: users can request that the website provides them with their personal data in order to transfer them to a new website.
Amendments to this clause
The website reserves the right to make changes to this clause on the protection of personal data at any time. If a change is made to this clause on the protection of personal data, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the clause for the protection of personal data, he has the possibility to delete his account.