GENERAL PUBLIC CANNES HAPPY GOLF WEEK – MARKET PLACE
General Terms and Conditions of Use Buyers
The “Cannes Happy Golf Week” Marketplace is a service offered by LA ROUTE DES GOLFS, a simplified joint stock company with a share capital of 1000 euros, registered in the Paris Trade and Companies Register under the number 853 928 794, whose head office is located at 91, rue Saint Honoré 75008 Paris.
LA ROUTE DES GOLFS sets up, on www.cannes-happygolfweek.com (hereafter the “THE PLATFORM”), a Marketplace allowing major buyers (hereafter “Customer” or “You”), after registration, to enter, through it, in relation with Sellers, professionals, also registered on the Site (hereafter “Partner”), in order to buy new and second-hand services or products (hereafter the “SERVICE”) offered at a firm price (hereafter the “Service”).
In order to use the Service, the Buyer must agree to abide by these Buyer Terms and Conditions of Use (hereinafter the “Buyer Terms and Conditions”) without restriction or reservation. This acceptance is materialized by a validation click when registering on the Service.
The PLATFORM proposes to connect companies that operate golf courses, tourism companies, lifestyle, accommodation, personal and golf equipment, leisure, transport (non-exhaustive list) (hereafter the PARTNERS) with customers (hereafter the CUSTOMERS) directly via an online marketplace.
In this context, and in accordance with the General Conditions of Use of the PLATFORM accessible at the address CGU, it is recalled that LA ROUTE DES GOLFS S.A.S acts as a simple technical intermediary putting the PARTNERS in contact with the CLIENTS.
These “Marketplace” General Terms and Conditions govern all sales of SERVICES OR PRODUCTS (SERVICES) by the PARTNER to the Customer (hereinafter collectively referred to as “the PARTIES”), through the PLATFORM.
The present general terms and conditions express the entirety of the obligations of the PARTIES. They constitute the sole basis of the commercial relationship between the PARTIES, and, in this sense, THE PARTNER is deemed to accept them unreservedly. The present GCS prevail over any general terms and conditions of purchase of the CLIENT.
Sales made through the Service between the CLIENTS and THE PARTNERS are governed by the General Terms and Conditions of Sale of the Service (hereinafter the “GCS”), which must also be accepted by the CLIENT at the time of each purchase; they supplement these GCS.
On the other hand, if the PARTNER’s own General Terms and Conditions of Sale FIGURE on its DEDICATED SPACE on the PLATFORM and the CLIENT has been expressly invited to validate them when placing an order, the latter will apply in priority, to the detriment of these General Terms and Conditions of Sale “Marketplace”.
The terms mentioned below have the following meanings in these General Terms and Conditions “Marketplace”:
“PARTNER”: means any professional in the tourism, hotel, leisure, retail, golf, who broadcasts advertisements on the Internet to publicize and promote its products, services or activity to the public by means of advertisements, and dedicated spaces wish to sell their product or service.
“PLATFORM”: refers to the website accessible at the address https://cannes-happygolfweek.com/regroupant all the hosted web pages and services offered to USERS.
” SERVICES ” : means any service or product supply offered for sale by a PARTNER and available on the PLATFORM.
“MARKETPLACE SERVICE”: refers to the offer by which LA ROUTE DES GOLFS allows the PARTNER to offer its SERVICES to a CLIENT under the terms and conditions described in the CP/CGS.
The purpose of the present Buyer GCU is to define the conditions under which LA ROUTE DES GOLFS makes available to the CLIENTS, within the framework of the Service, the technological tools used to purchase SERVICES from the PARTNERS.
Any order placed on the PLATFORM necessarily implies unreserved acceptance of these General Terms and Conditions of Sale “Marketplace” and the fact that the purchase of the SERVICE is made exclusively within the framework of the professional activity of the PARTNER.
ACCEPTANCE OF TERMS AND CONDITIONS
THE CUSTOMER must read these General Terms and Conditions carefully and accept them, before proceeding with the payment of an order for SERVICES placed on the PLATFORM.
The present General Conditions are referenced at the bottom of each page of the PLATFORM by means of a link and must be consulted and accepted before placing the order. THE CUSTOMER is invited to read carefully, download and print the General Terms and Conditions and to keep a copy.
THE CUSTOMER undertakes to read the GCS with each new order, the latest version of the GCS applying to all new orders for SERVICES.
By clicking to confirm the order, THE CUSTOMER acknowledges having read, understood and accepted the GCS without limitation or condition.
The present GCS are composed of the following contractual documents:
The present document as well as, where applicable, the specific contractual stipulations published by the PARTNER on his DEDICATED AREA as well as the specifications of the order formally accepted by the ADVERTISER
The General Conditions of Use of the PLATFORM accessible at the following address
It is understood that these contractual documents are mutually explanatory. However, in the event of any contradiction or discrepancy between the terms of these contractual documents, they shall prevail in the order in which they are listed above, with the document in the higher rank taking precedence over the document in the lower rank. Likewise, these Marketplace GTCs are to be regarded as supplemental and shall apply:
Each time the PARTNER concerned will not have put its own GCS in place on its DEDICATED SPACE and the CLIENT will not have had to validate them at the end of its order.
Whenever the PARTNER’s GTCs are silent or deficient on a particular point covered by these “Marketplace” GTCs, the PARTNER’s GTCs will be silent or deficient on a particular point covered by these “Marketplace” GTCs.
THE CUSTOMER will be asked to provide information allowing him/her to be identified by completing the form available on the PLATFORM. The sign (*) indicates the mandatory fields that must be filled in for THE CUSTOMER’s order to be processed by THE PARTNER.
When registering or creating his ACCOUNT, according to the various registration procedures identified in the Terms and Conditions, THE CUSTOMER must fill in the following information: his identity, his telephone and electronic contact details, the identifiers required to access his ACCOUNT. The information that THE CUSTOMER provides to THE PARTNER when placing an order must be complete, accurate and up to date. The PARTNER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, eligibility and the information provided.
Creating an ACCOUNT
Access to the Service by CLIENTS is reserved for strictly personal use. When using the Service, THE CUSTOMER declares that he/she is acting in a private capacity.
Every CUSTOMER must necessarily have an ACCOUNT in order to be able to place an order for a SERVICE. On this ACCOUNT, the CUSTOMER can configure his own information, but also all the data necessary for invoicing. L
When opening this account, THE CUSTOMER undertakes to provide only accurate information, then to inform LA ROUTE DES GOLFS without delay of any changes affecting them, using the messaging tool made available to you as part of the Service.
To use the Service, You must use the login and password created when You opened Your account. You agree to keep them secret and not to disclose them to any third party. You will be solely responsible for accessing the Service using your user name and password, unless there is evidence of fraudulent use for which You are not responsible.
In the event of loss, misappropriation or fraudulent use of your login and/or password, You undertake to immediately notify LA ROUTE DES GOLFS customer service.
PRICE OF THE SERVICE
The opening of an account and the use of the Service are free of charge (excluding possible connection costs, the price of which depends on your electronic communication operator), with no obligation to purchase on the Site. Only the purchase of Products from Sellers is subject to payment, under the conditions set out in the GCS.
The offers of SERVICES and SERVICES and more generally any content published on the PARTNERS’ DEDICATED SPACES by LA ROUTE DES GOLFS are distributed by the latter under their sole and entire responsibility. Each PARTNER endeavours to present as clearly as possible the main characteristics of the SERVICES within its DEDICATED AREA and the mandatory information that the CLIENT must receive under applicable law.
THE CUSTOMER undertakes to read them carefully before placing an order. Unless expressly indicated otherwise on the PLATFORM, all the SERVICES offered by a PARTNER comply with the European legislation in force and the standards applicable in France. It is specified that the PARTNER reserves the right to modify the selection of the SERVICES and SERVICES available on the PLATFORM.
The PARTNER also undertakes to inform LA ROUTE DES GOLFS of the unavailability of a service, as soon as possible by e-mail, as well as to any CUSTOMER having placed an order for this service.
Orders for SERVICES are placed directly on the PLATFORM.
To place an order, THE CUSTOMER must follow the steps described below (It is however specified that depending on THE CUSTOMER’s start page, the steps may differ slightly).
Selection of SERVICES
THE CUSTOMER must select the SERVICE of his choice by clicking on its description.
Orders placed on the site www.cannes-happygolfweek.com are subject to several stages which are as many validations per click to be carried out by the CUSTOMER
The final validation during the ordering process is equivalent to an agreement to accept the information related to the present General Terms and Conditions of Sale.The Site www.cannes-happygolfweek.com allows the CUSTOMER to conclude its order according to the following terms and conditions:
Choose the desired offers and fill in his name, address, email and telephone number.
Validate your order after checking it.
Make the payment in accordance with the conditions provided for
Confirm your order and payment
After entering the order data, the CUSTOMER may, by reading the instructions given on the website www.cannes-happygolfweek.com, and before confirming the order, check it and, if necessary, correct it.
Confirmation of the order implies unreserved acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation of the right to invoke its own terms and conditions of purchase or other conditions. All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.
The Partner will send a confirmation of the registered order by e-mail. This will specify the content of the order, its cost, the method of payment chosen as well as its delivery terms.
The sale will only be final after the PARTNER has sent the CLIENT the confirmation of the registered order and after the full price has been received.
In the absence of a confirmation e-mail sent by the PARTNER, the order has not been taken into account. It is therefore the responsibility of the customer in all cases to ensure the proper receipt of the confirmation e-mail. Under no circumstances can the PARTNER be held responsible if this confirmation has not been received by the CLIENT.
An order made by a customer without having been formally accepted by the PARTNER cannot be considered as definitive. The simple presentation of a SERVICE in the catalogue of the PARTNER cannot therefore be considered as a firm offer in the legal sense of the term.
Any claim must be sent to S.A.S. La route des golfs by registered letter with acknowledgement of receipt, within 30 days following the last SERVICE used. Postal address : LA route des golfs S.A.S – 91, rue saint honoré – 75008 Paris
In accordance with the French Data Protection Act of 6 January 1978 as amended, the user has the right to access, modify, rectify and delete data concerning him/her at any time. He can exercise this right by sending an e-mail to firstname.lastname@example.org.
8.3 Acknowledgement of receipt
Once all the steps described above have been completed, an acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address given on the registration form is correc
The PLATFORM then informs the PARTNER of the content of the order placed by the following means :
The PARTNER then has a maximum period of 2 days to confirm that the order has been taken into account and the availability of the SERVICE at LA ROUTE DES GOLFS.
The PARTNER will inform the CLIENT by e-mail of the availability or unavailability of the SERVICE ordered, it being specified that the sales contract will only be definitively concluded when the PARTNER has effectively confirmed the availability of the SERVICE. Thus, each initial order is subject to the resolutory condition of availability of the selected SERVICE.
8.4 No presentation of the Client / No withdrawal of the products
In case of no show or non withdrawal of products for the use of services or products of the PARTNERS (reservation not cancelled within the time limits of the Site and Customer not present at the time of his reservation), the sums paid under the order will remain definitively acquired to the PARTNER.
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to the provision of “accommodation, transport, catering and leisure services, which must be provided on a specific date or at a specific frequency”. Consequently, no right of withdrawal is offered to the customer from the date of purchase.
During the order procedure, THE CUSTOMER will have to enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the PARTNER).
THE CUSTOMER will then have to specify the chosen means of payment and, if necessary, communicate his bank details before clicking on the button to confirm the order. Neither the order form that THE CUSTOMER draws up online, nor the acknowledgement of receipt of the order sent to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, THE CUSTOMER will receive the original invoice when the SERVICES are executed.
8.8 – Availability of BENEFITS
THE CUSTOMER is clearly informed that the availability of the SERVICES displayed is provided by the PARTNERS at LA ROUTE DES GOLFS.
If the unavailability of a SERVICE has not been indicated, and in accordance with Article 7 hereof, THE PARTNER undertakes to inform the CLIENT within 2 working days of the unavailability of the SERVICE according to the selected terms and conditions.
In the event of unavailability of a SERVICE, the PARTNER must make its best efforts to offer a substitute SERVICE.
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property rights, for the entire duration of the protection of these rights and for the entire world.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorised.
Any reproduction, representation, modification or adaptation, in whole or in part, of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorisation from the trademark owner.
When he chooses his means of payment, THE CUSTOMER will be redirected to the secure site corresponding to this choice in order to proceed with the payment.
In this case, THE CUSTOMER declares that he/she is informed that all payments on the PLATFORM are made via the payment service provider Mangopay ( mangopay.com), whose contractual conditions are reproduced for validation in Appendix 1 of the General Conditions of Use or via the following link www.cannes-happygolfweek.com/CGU-mangopay.
In this context, THE CUSTOMER guarantees to the PARTNER that it holds all the authorisations required to use the chosen means of payment. By communicating, if necessary, his credit card number, THE CUSTOMER authorizes the PARTNER to debit the total amount of the order under the conditions set out in Article 5.
All necessary measures will then be taken to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the PLATFORM.
THE CUSTOMER, at the end of his order, will be able to choose between the different means of payment proposed by the PARTNER.
THE CUSTOMER may in principle be offered the following means of payment:
Payment by credit card;
Refusal of payment
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by THE CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
LA ROUTE DES GOLFS acts as a simple intermediary between the PARTNER and THE CUSTOMER when placing an order for a SERVICE on the PLATFORM. As the sale of the SERVICE only takes place between the PARTNER and the CLIENT, the responsibility of LA ROUTE DES GOLFS cannot be engaged because of this sale which LA ROUTE DES GOLFS cannot guarantee.
The responsibility of the PARTNER can in no case be engaged in case of inexecution or bad execution of the contractual obligations imputable to the CLIENT, notably at the time of the seizure of his order.
The PARTNER cannot be held responsible, or considered as having failed to comply with the present terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is also specified that the PARTNER will be solely responsible for direct damage caused to the CLIENT as a result of ordering SERVICES on the PLATFORM.
La route des golfs declines all responsibility with regard to the sales that the Clients conclude through its Service with the Partners, to which it remains a stranger. Any complaint relating to the comments appearing on the description of the Products or the deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this respect.
For all the SERVICES, the CUSTOMER will find on the PLATFORM prices displayed in euros, all taxes included (VAT included).
Any change in the applicable rate may affect the price of the SERVICES from the date of entry into force of the new rate. The prices indicated on the PLATFORM may change, particularly in the case of special offers or sales.
Indeed, the PARTNER may decide to carry out exceptional promotional offers, subject to acceptance of THE ROUTE DES GOLFS.
The prices indicated are valid, under the conditions indicated by THE PARTNER except in the case of a gross error. The applicable price is the one indicated on the PLATFORM on the date the order is placed by THE CUSTOMER.
n accordance with the provisions of the General Terms and Conditions of Use accessible at the CGU address, it is reminded that for all the contents published by the PARTNER on its DEDICATED AREA, LA ROUTE DES GOLFS will have the status of host within the meaning of article 6 I 2) of the law of 21 June 2004 for confidence in the digital economy (hereafter LCEN).
In this capacity of host, LA ROUTE DES GOLFS undertakes to promptly remove any obviously illegal content as soon as it becomes aware of it. Notification of manifestly illicit content may be made by e-mail to email@example.com and by registered mail with acknowledgement of receipt in accordance with the forms prescribed by article 6 I 5) of the law of 21 June 2004.
In the event of a dispute between a CLIENT and a PARTNER, LA ROUTE DES GOLFS may however intervene in order to facilitate an amicable settlement.
The responsibility of the PARTNER will not be implemented if the non-execution or delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
By force majeure, we mean any foreign cause, foreseeable or not, of an irresistible nature or whose effects would substantially modify the economic balance of the sale for the PARTNER. The events of strike, lockout, fire, flood, riot, war, shortage of fuel, energy, transport, materials, products necessary for the SERVICES of the PARTNER, etc., are considered as a case of force majeure, even if they are only partial and whatever the cause.
THE CLIENT will find below the data processing carried out by the PARTNER.
The PARTNER may collect and process the personal data of the PLATFORM’s CLIENTS, in particular via its DEDICATED AREA. In this respect, the PARTNER guarantees that he/she processes this data in compliance with the rights and obligations arising from the law “Informatique et Libertés” (Information Technology and Civil Liberties).
The PARTNER is responsible for the processing of the personal data of the CLIENTS placing an order via the PLATFORM. The purposes of this processing are the order of SERVICES, the management of the PARTNER’s customer database.
It is therefore expressly agreed between the PARTIES that the PARTNER, as the data controller, will put all means in its possession to ensure the security and confidentiality of the personal data entrusted to it.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and liberties, THE CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete his personal data. He can exercise this right by sending an e-mail to LA ROUTE DES GOLFS at firstname.lastname@example.org or by sending a letter to LA ROUTE DES GOLFS – 91 rue saint honoré 75008 PARIS.
It is specified that the CLIENT must be able to prove his identity, either by scanning an identity document or by sending a photocopy of his identity document.
VALIDITY OF GENERAL CONDITIONS – Evidence
Any change in the laws or regulations in force, or any decision of a competent court invalidating one or more clauses of these GTCs shall not affect the validity of these GTCs. Such a modification or decision does not in any way authorize the CUSTOMERS to disregard these GCS.
Any conditions not expressly dealt with herein shall be governed in accordance with the custom of the trade sector to professionals, for companies whose registered office is located in France.
The PARTIES expressly agree that all of their exchanges and actions carried out through the PLATFORM will have the force of proof and may be used in support of one of their claims before any body, administration or jurisdiction.
MODIFICATION OF THE GENERAL CONDITIONS
These GTC are dated accurately and may be changed and updated at any time. It is however specified that the applicable GTC are those in force at the time of the order. Thus, changes made to the GTC will not apply to SERVICES already ordered.
ATTRIBUTION OF COMPETENCE AND APPLICABLE LAW
These General Conditions are governed by French law. In the event of a dispute, only the French courts will be competent.
The PARTIES shall endeavour to settle amicably any dispute arising between them concerning the interpretation, performance or termination of these General Terms and Conditions.
FAILING AN AMICABLE AGREEMENT WITHIN ONE MONTH (1) FROM THE DATE ONE OF THE PARTIES IS SEIZED OF THE MATTER, THE DISPUTE MAY BE SUBMITTED TO THE COURTS OF PARIS TO WHICH JURISDICTION IS EXPRESSLY ATTRIBUTED, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THIRD PARTY CLAIMS, INCLUDING FOR EMERGENCY OR PROTECTIVE PROCEEDINGS, BY REFERENCE OR BY REQUEST.
LA ROUTE DES GOLFS- All rights reserved 2020