TERMS AND CONDITIONS OF SALE AND USE

Article 1 – Definitions

We will refer to this as

– Site’: the https://complexe.as-df.fr/ website and all its pages.

– Services’: all the services that can be booked on the site.

– Publisher’: The person, legal entity or natural person, responsible for the publication and content of the site and presented in the site’s legal notice.

– User’: The Internet user visiting and using the site.

– Customer’: The Internet user making a reservation on the site.

The Publisher makes available to the Customer, on its Site, a confidentiality policy specifying all information relating to the use of the Customer’s personal data collected by the Publisher and to the Customer’s rights with respect to such personal data. The data confidentiality policy forms part of the CGUV. Acceptance of the present CGUV therefore implies acceptance of the data confidentiality policy.

Article 2 – Information required by the French law on confidence in the digital economy and purpose of the site

This site is published by ASDF SARL.

Legal information concerning the site’s host and publisher, including contact details and any capital and registration details, is provided in the present site’s legal notice.

Information concerning the collection and processing of personal data (policy and declaration) is provided in the site’s personal data charter.

This site allows you to book laser and airsoft game sessions.

The site is freely accessible to all Internet users. Booking a service, creating a member space or, more generally, browsing the site implies acceptance by the user of these terms and conditions in their entirety, who thereby acknowledges that he/she is fully aware of them. This acceptance may consist, for example, in the Internet user checking the box corresponding to the sentence of acceptance of the present general terms and conditions, for example with the words “I acknowledge having read and accepted all the general terms and conditions of the site”. Checking this box will be deemed to have the same value as a handwritten signature by the Internet user.

Acceptance of these terms and conditions implies that users have the legal capacity to do so. If the user is a minor or does not have such legal capacity, he/she declares that he/she has the authorization of a tutor, curator or legal representative.

The Internet user recognizes the value of the automatic recording systems of the editor of the present site as proof and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.

Article 3 – Characteristics of the services offered

The services offered are those listed in the catalog published on the site, which can be booked on the site. These services are offered for slots defined by a given date, time and duration, subject to availability for each service and slot. Each service is accompanied by a description drawn up by the publisher in the site catalog. The photographs in the catalog reflect a faithful image of the objects, places, people or experience related to the services, but are not contractually binding insofar as they cannot ensure a perfect similarity with the service, the latter not being a directly representable object. Customer service for this site can be reached by e-mail at complexe@as-df.fr or by post at the address given in the legal notice, in which case the publisher undertakes to provide a reply within 7 days. ASDF also provides its users and customers with a hotline to answer any questions they may have. The hotline can be contacted by telephone at 0367260804 (not surcharged).

Article 4 – Rates

Unless otherwise stated, the prices in the catalog are in Euros, inclusive of all taxes, and include the VAT applicable on the day the order is placed.

ASDF reserves the right to pass on any change in the VAT rate to the price of services. The publisher also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.

Article 5 – Member area

Users registered on the site (members) can access it by logging in using their login details (e-mail address defined at registration and password), or by using systems such as third-party social networking login buttons. Users are entirely responsible for protecting their chosen password. Users are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the “my account” section, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorized access to a user’s account.

The creation of a personal space may be a prerequisite to any order or contribution by the member on the present site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information.

The purpose of data collection is to create a “member account”. This account enables the customer member to consult all orders placed on the site. Should the data contained in the member account section disappear as a result of a technical failure or force majeure, the site and its publisher cannot be held liable, as this information has no probative value and is for information purposes only. Member account pages are freely printable by the holder of the account in question, but do not in any way constitute proof. They are for information purposes only, to ensure efficient management of orders or contributions by the member.

The editor reserves the exclusive right to delete the account of any member who has contravened the present terms and conditions (in particular, but without this example being exhaustive, where the member has knowingly provided incorrect information when registering and setting up his personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. Such exclusion is not exclusive of the possibility for the editor to take legal action against the member, where the facts justify such action.

Article 6 – Waiver of the publisher’s liability in connection with the performance of this contract

In the event of unavailability of the site due to technical or other problems, the user shall not be entitled to claim any damages or compensation. The unavailability of one or more services, even for a prolonged period and without any time limit, shall not constitute a prejudice for Internet users and shall not in any way give rise to the awarding of damages by the site or its publisher. The photographs and visuals accompanying the description of services on the site are not contractual in nature, and the publisher of the present site cannot be held responsible if they are erroneous or incomplete. Hypertext links present on the present site may lead to other Internet sites, and the publisher of the present site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of the present site may not be held liable if the Internet user’s visit to one of these sites causes him/her harm.

Article 7 – Commitments of the customer and persons benefiting from the reservation

The services offered are not open to minors under 18 for airsoft, or under 7 for laser.

All reservations are for the service and time slot (date, time and duration) chosen at the time of booking. In the event that the customer or the persons taking advantage of the reservation are late in relation to the reservation time, the publisher reserves the right to cancel the service or reduce its duration, without the customer being entitled to claim any reimbursement. Likewise, in the event of a no-show, no refund may be demanded by the customer.

The customer and the persons taking advantage of the reservation made by the customer are obliged to behave in a respectable manner, to comply with the rules and instructions laid down by the site publisher or its agents, in particular so as not to cause or risk causing any damage to other persons present during the service.

Services require the presence of the customer or persons taking advantage of the reservation on the premises stipulated in the order confirmation or firmly agreed between the customer and the site editor. Persons entering the premises are required to maintain them and their equipment (including, but not limited to: decorations, furnishings, etc.) in good condition, and to use them in accordance with their authorized use.

The site editor and his staff reserve the right to refuse access to any person under the influence of alcohol or drugs, as a safety measure for the said person and his entourage. Such denial of access shall not entitle the user to any compensation or refund.

Article 8 – Intellectual property rights relating to elements published on this site

All elements of the present site belong to the editor or to a third party, or are used by the editor on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being limitative, is strictly forbidden and is considered as counterfeiting. Any member found guilty of counterfeiting is liable to have his or her account deleted without notice or compensation, and without this deletion constituting damages, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of the present site or his or her agent.

Article 9 – Limitation of liability

The site editor may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, disruption of site service, or other. The site editor, particularly in the online sales process, is only bound by an obligation of means. The publisher of the ASDF website cannot be held responsible for the non-execution of the concluded contract due to the occurrence of an event of force majeure. The choice and reservation of a service are the sole responsibility of the customer. The user expressly agrees to use the site at his/her own risk and under his/her sole responsibility. The site provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, ASDF cannot be held responsible for :
– any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data, etc., which may result from the use of the site, or on the contrary from the impossibility of its use ;
– malfunction, unavailability of access, misuse or incorrect configuration of the user’s computer, or the use of a browser that is not widely used by the user;
– the content of advertisements and other links or external sources accessible by the user from the site.

Article 10 – Site access

The site editor may not be held liable for any technical unavailability of the connection, whether due to force majeure, maintenance, updating or modification of the site, intervention by the host, internal or external strike, network failure, power cut, or incorrect configuration or use of the user’s computer.

Article 11 – Account closure

Each user is free to close his/her account on the site. To do so, the member must send an e-mail to the site indicating that he/she wishes to delete his/her account. No data recovery will then be possible.

Article 12 – Applicable law and mediation

These terms and conditions are governed by French law. They may be modified at any time by the site editor or its representative. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to the present site. The publisher undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.

Except in the case of provisions of public order, any disputes that may arise in connection with the execution of the present general terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise stipulated by public policy, any legal action relating to the performance of the present contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized of the matter.

Consumer mediation

In accordance with article L.612-1 of the French Consumer Code, we remind you that “. all consumers have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme. “.

In the event of a dispute that cannot be resolved amicably, ASDF offers its consumer customers the possibility of mediation by a consumer mediator, whose contact details are as follows:

MEDIATEUR DE LA CONSOMMATION AGREE – DEVIGNY MEDIATION
contact@devignymediation.fr
https://www.devignymediation.fr/consommateurs.php

Please note that mediation is not compulsory, but is offered solely as a means of resolving disputes without recourse to the courts.

Article 13 – Booking procedure and description of the purchasing process

The “Basket” is defined below as the immaterial object containing all the services selected by the site user for booking by clicking on these objects. Once the Internet user considers that he has selected and added to his basket all the services he wishes to reserve, he will be able to validate his order by accessing his basket by clicking on the button provided for this purpose. He/she will then be redirected to a summary page, where he/she will be informed of the number and characteristics of the services reserved, as well as their unit price. If you wish to validate your order, you must tick the box indicating your acceptance of these general terms and conditions of sale and click on the validation button. You will then be redirected to a page where you must fill in the reservation form fields. In the latter case, he/she will be asked to enter a certain number of personal details, necessary for the reservation process to run smoothly. Once the user has completed the form, he/she will be invited to make payment using the payment methods listed in the payment section of these general terms and conditions. After a few moments, the Internet user will receive an e-mail confirming the reservation, reminding him/her of the contents of the reservation and the price. The service can only be delivered on presentation of the booking confirmation e-mail, and possibly on presentation of proof of identity of the person who made the booking.

Article 14 – Payment information

Internet users can book services on this site and pay by credit card. Credit card payments are made via secure transactions provided by an online payment platform provider. The present site has no access to any data relating to the user’s means of payment. Payment is made directly to the bank or payment service provider receiving the customer’s payment. In the case of payment by cheque or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, who may provide proof of this by any means. The availability of services is indicated by time slot on the site, in the description of each service.

Article 15 – Right of withdrawal and withdrawal form

In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the consumer customer has a period of fourteen (14) working days from the date of reservation of the service, and before the start of the service, to withdraw.

The consumer customer can find below a standard withdrawal form for an order placed on the site, to be sent to ASDF.

The reimbursement of the service for which the customer has withdrawn will be made using the same means of payment as that chosen by the customer for the initial transaction, unless the customer expressly agrees that the publisher may use another means of payment, and insofar as the reimbursement does not incur any costs for the customer.

In accordance with Article L221-5 of the Consumer Code, (“Hamon Law”) of June 2014, the consumer customer can find below a standard withdrawal form for an order placed on the site:

Cancellation form

(Please complete and return this form only if you wish to withdraw from the contract).

To the attention of ASDF SARL, 12 avenue d’Italie, 68110, Illzach, France

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the following services:

Service booked on :

Name of Customer(s) :

Customer(s) address :

Signature of Customer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

Article 16 – Conditions of cancellation of the reservation by the publisher

If the publisher wishes to cancel a customer’s reservation, the amount of the initial reservation will be reimbursed to the customer as soon as possible, without prejudice to any claims for compensation for damages.

Article 17 – Archiving

ASDF will archive reservation forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, reservations, payments and transactions between the parties.

Article 18 – Terms and conditions

If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms describe the entire agreement between the User and the Website. They supersede all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable or sub-licensable by the User. A printed version of the Terms and Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these terms and conditions shall be in the French language.

Article 19 – Notifications

Any notification or notice concerning these general terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service that allows you to track your packages on a regular basis, or by e-mail to the addresses indicated in the site’s legal notices, specifying your full name, contact details and the subject of the notice.

Article 20 – Complaints

Any claim relating to the use of the website, the service offered on this website, or any other linked service, the website’s pages on any social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.

Article 21 – Inaccuracies

It is possible that, to a limited extent, inaccuracies or errors may be found throughout the website and the services offered, or that information may be inconsistent with the general terms and conditions, the legal notices or the personal data charter. It is also possible that unauthorized modifications may be made by third parties to the site or to related services (social networks, etc.). We do our utmost to ensure that such deviations are corrected. In the event that such a situation should escape us, please contact us by post or e-mail at the addresses indicated in the site’s legal notice, providing, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests concerning copyright, please refer to the section on intellectual property.