top of page

Terms of Sales

These general conditions of sale apply to all services concluded on the Shamane website. 

The Shamane website is a service of: 

​

– SASU Maritime Escape 

– with share capital of €20,000

– located at: 9 Chemin de la Gare 31620 Castelnau d'Estretefonds

– URL address of the site: https://www.shamane.fr 

– email address: contact.shamane@gmail.com

 

The customer declares to have read and accepted the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale. 

​

Article 1 – Content and scope of application 

​

These general conditions of sale apply automatically to the following services: Coaching activity . 

They apply to the exclusion of all other conditions, and in particular those applicable to sales on the Internet or through other distribution and marketing channels. 

The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller. Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller. 

The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. 

​

Article 2 – Pre-contractual information 

​

Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them. 

The following information is transmitted to the buyer in a clear and understandable manner: 

– the essential characteristics of the service; 

– the price of the service or the method of calculating the price and, if applicable, all additional transport, delivery or postage costs and all other possible costs; 

– the date or the deadline by which the service provider undertakes to perform the service, whatever its price, and any other contractual condition; 

– information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities; 

– the procedures for handling complaints; 

– the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of an open-ended contract; 

– with regard to the digital content, any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware. 

The service provider must also communicate to the buyer, or make available to him, the following information:  

– status and legal form, contact details allowing you to get in touch quickly and communicate directly with him; 

– where applicable, the registration number in the trade and companies register or in the trades directory; 

– for activities subject to an authorization regime, the name and address of the authority that issued it; 

– for the service provider subject to value added tax and identified by an individual number pursuant to article 286 ter of the general tax code, its individual identification number;  

– for the service provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted as well as the name of the professional order or body with which he is registered;_cc781905 -5cde-3194-bb3b-136bad5cf58d_

– any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor as well as the geographical coverage of the contract or commitment. 

​

 Article 3 – Order 

​

By order, it is necessary to understand any order relating to the services appearing on the prices of the seller, and accepted by him, accompanied by the payment of the deposit possibly provided for on the order form. 

Any order, to be valid, must be established on the seller's order forms, available to customers in its stores. 

Any order received by the seller is deemed firm and final. 

It entails adherence and full acceptance of these general conditions of sale and obligation to pay for the products ordered. 

The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except as provided for in article L.211-28 of the Consumer Code. 

​

Article 4 – Estimate 

​

For services giving rise to the establishment of a preliminary estimate, the sale will only be considered final after an estimate has been drawn up by the service provider and confirmation of the acceptance of the order has been sent to the buyer.  

The quotes established by the service provider are valid for 15 days. 

​

Article 5 – Performance of the service and termination of the contract 

​

Except for special express conditions specific to the sale, the performance of the service will be carried out within the period determined on the reservation page from the receipt by the seller of an order in good and due form._cc781905-5cde-3194 -bb3b-136bad5cf58d_

In the event of the seller's failure to fulfill his obligation to perform on the date or at the expiry of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract. , under the conditions of Articles L. 216-2 and L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if , after having ordered, under the same terms, the professional to provide the service within a reasonable additional period, the latter did not comply within this period. 

The contract is considered resolved upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime. 

Nevertheless, the purchaser may immediately terminate the contract when the professional refuses to provide the service or when he does not perform his obligation to provide the service on the scheduled date, if this date or this period constitutes for the purchaser a condition essential to the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract. 

The costs and risks associated with this operation are the sole responsibility of the service provider. 

Except in cases of force majeure, the deposit paid with the order is automatically acquired and cannot give rise to any refund. 

 

Article 6 – Withdrawal period and reimbursement 

​

The buyer has a right of withdrawal of 14 days from the conclusion of the contract. 

The professional must reimburse the buyer for all the sums paid, at the latest within 14 days from the date on which he is informed of the buyer's decision to withdraw (C. consum., art. L . 221-24), unless there is a justified delay. 

In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the buyer, the sums due are automatically increased:  

– the legal interest rate if the reimbursement occurs no later than 10 days after the expiry of the 14-day period set out here- 

above, 

– 5% if the delay is between 10 and 20 days, 

– 10% if the delay is between 20 and 30 days, 

– 20% if the delay is between 30 and 60 days, 

– 50% between 60 and 90 days, 

– and five additional points for each new month of delay up to the price of the product, then the legal interest rate. 

 

Article 7 – Price 

​

Prices are firm and final. Except for specific specific conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order. 

They are expressed in legal tender and stipulated all taxes included. 

​

 Article 8 – Payment 

​

Except for other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date. 

Payments made by the buyer will only be considered final after actual collection of the sums due by the service provider. 

An invoice will be given to the buyer on simple request. 

​

Article 9 – Warranties – General 

​

9-1 Legal guarantee of conformity 

​

Maritime Escape guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-3 and following of the consumer code._cc781905-5cde- 3194-bb3b-136bad5cf58d_

In the event of implementation of the legal guarantee of conformity, it is recalled that:  

– the buyer has a period of 2 years from the delivery of the property to act; 

– the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code; 

– the buyer does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the goods._cc781905-5cde- 3194-bb3b-136bad5cf58d_

​

9-2 Legal warranty against hidden defects 

​

In accordance with articles 1641 and following of the civil code, Maritime Escape is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. 

The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code. 

 

Article 10 – Intellectual property 

​

All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Maritime Escape, the sole holder of the intellectual property rights to these documents, and must be returned to it at its request. 

Customer buyers undertake not to make any use of these documents that may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party. 

​

Article 11 – Competent jurisdiction 

​

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law. 

For the definition of the competent jurisdiction, the seller elects domicile at 9 Chemin de la Gare 31620 Castelnau d'Estretefonds 

 

Article 12 – Language of the contract 

​

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. 

​

Article 13 – Mediation and dispute resolution 

​

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.  

​

In the event of a dispute, the contact details of the mediator to whom the buyer can contact are as follows: , , , , . 

In accordance with article 14 of Regulation (EU) n°524/2013, the European Commission has set up a platform of 

Online Dispute Resolution, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/. 

 

Article 14 – Applicable law 

​

These general conditions are subject to the application of French law. 

This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution. 

​

Article 15 – Protection of personal data 

​

Data collected: 

​

The personal data collected on this site are as follows: 

– account opening: when creating the user's account, his name; first name ; email address ; Phone Number ; address ; Browsing the website 

– connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection data, use, location and payment data; _cc781905-5cde-3194- bb3b-136bad5cf58d_

– profile: the use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number;  

– payment: as part of the payment of the products and services offered on the website, the latter records financial data relating to the user's bank account or credit card; 

– communication: when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary storage; 

– cookies: cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings. 

Use of personal data 

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows: 

– access and use of the website by the user; 

– management of the operation and optimization of the website; 

– organization of the conditions of use of Payment Services; 

– verification, identification and authentication of data transmitted by the user; 

– proposal to the user of the possibility of communicating with other users of the website; 

– implementation of user assistance ; 

– personalization of services by displaying advertisements based on the user's browsing history, according to their preferences; 

– prevention and detection of fraud, malware (malicious software or malicious software) and incident management de 

security ; 

– management of any disputes with users; 

– sending commercial and advertising information, based on user preferences. 

Sharing personal data with third parties 

Personal data may be shared with third-party companies, in the following cases: 

– when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has signed contracts; 

– when the user publishes, in the free comment areas of the website, information accessible to the public; 

– when the user authorizes the website of a third party 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 user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. personal ; 

– if required by law, the website may transmit data to respond to claims against the website and to comply with administrative and legal procedures; 

– if the website is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party. 

​

Security and Privacy 

​

The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, please note that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet. 

​

Implementation of user rights 

​

In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: contact.shamane@gmail.com_cc781905-5cde-3194-bb3b -136bad5cf58d_

The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of 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 is inaccurate, they can request that the information be updated. 

- The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws. 

- The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided by the GDPR. 

- The right to object to the processing of data: users can object to their data being processed in accordance with the assumptions provided for by the GDPR. 

- The right to portability: they can claim that the website gives them the personal data provided to them to transmit them to a new website. 

​

Evolution of this clause 

​

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification 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 personal data protection clause, he has the option of deleting his account. 

These T&Cs for online services for individuals were created on the Rocket Lawyer website.

bottom of page