Uploaded December 7, 2022 – Version 1.0
Article 1 - Definitions
« eGift Cards »: refers to a digital gift card sold on the Site, making it possible to offer an activity whose duration depends on the face value of the Gift Voucher, and whose conditions of use are detailed in the product description on the Site;
« Client »: refers to any capable adult consumer who makes a purchase on the Site;
« Terms & Conditions " or " GTCS »: refers to all the stipulations set out in this document;
« Force majeure »: refers to any event beyond the reasonable control of TEAM ACTIVE, such as climatic conditions, geographical conditions, wars, insurrections, terrorist attacks, fires, explosions, storms, floods, earthquakes, shipwrecks, epidemics, pandemics or any other natural disaster, any act of the prince, or any other event fulfilling the conditions of force majeure under article 1218 of the Civil Code.
« ACTIVE TEAM »: Simplified joint-stock company, registered with the Nanterre RCS under number 789 970 274 and located at 40-42 Quai du Point du Jour 92100 Boulogne-Billancourt;
« Site ": designates the website accessible from the URL www.teamactive.fr, which is a shared platform set up by TEAM ACTIVE and its following subsidiaries:
- Team Active Grand Ouest – 40/42 Quai du point du jour 92100 BOULOGNE BILLANCOURT Tel: 04 94 52 40 40 – Mail: info@teamactive.fr
- Team Active Grand Sud – 40/42 Quai du point du jour 92100 BOULOGNE BILLANCOURT Tel: 04 94 52 40 40 – Mail: info@teamactive.fr
- Team Active Ile de France – 40/42 Quai du point du jour 92100 BOULOGNE BILLANCOURT Tel: 04 94 52 40 40 – Mail: info@teamactive.fr
Article 2 - Object
The GCS apply to all orders placed on the Website, to the exclusion of all other conditions.
Their purpose is to govern the contractual relationship between the Customer and TEAM ACTIVE when booking access tickets to leisure activities and Gift Vouchers, and performing the associated services as offered in our brochures. or on the various communication media.
It is expressly specified that the information appearing in the TEAM ACTIVE brochure may be subject to modifications during the season, which are brought to the attention of the Customer prior to confirmation of the reservation.
Article 3 – Opposability of the GCS
The CGV opposable to the Customer are those in force on the date of purchase even if these would be brought to be modified subsequently. TEAM ACTIVE recommends that the Customer print and/or download the T&Cs in order to keep a copy.
In the event of promotions on certain services and during certain periods of the year, special conditions of sale may be put in place and will be specified in the brochure or in documentation specially published for this occasion.
It is understood that TEAM ACTIVE is the Customer's sole point of contact for any claim relating to the interpretation or execution of these GCS.
Article 4 – Essential characteristics of the services offered
The characteristics of the services offered for sale are presented on the page dedicated to each of them on the Site.
The activities are offered for sale until the day before their expiry subject to cancellation or rescheduling linked to the organization of the schedules, including temporary ones, or in the event that the minimum quota of participants specified on the activity information of its communication media (leaflet, poster, website) is not reached. In the event of a reservation for an activity that has become unavailable, the Customer will be informed of this unavailability, as soon as possible, by e-mail or by telephone and he will be offered the possibility of exchanging or canceling his reservation.
Article 5 – Description of the order process
The Customer validates his order when he clicks on the “Validate payment” button after having accepted the T&Cs. Before this validation, it is systematically proposed to the Customer to check each of the elements of his shopping cart as well as his personal information, which allows him to correct any errors.
The Customer then proceeds to the payment of his order via a secure server.
When payment is authorized, the order is finalized. The Customer then receives an order confirmation by email, which includes all the elements of the order. A PDF of the T&Cs accepted by the Customer is attached to the email.
The data recorded by the Site constitutes proof of the nature, content and date of the order. This is archived under the legal conditions and deadlines.
Article 6 - Price
The price is expressed and payable in Euros, all taxes included.
Promotional offers are only valid during their period of validity. Promotions can not be combined together.
The Customer is solely responsible for the effective payment of the reserved activity. In the event of a payment incident, TEAM ACTIVE may cancel the reservation, without prejudice to any action that TEAM ACTIVE may take against the Customer.
Article 7 - Terms of payment
The payment of the price of an activity on the Website is made by one of the bank cards accepted by TEAM ACTIVE, namely French bank cards, American Express, Mastercard and international Visa cards.
The Client authorizes TEAM ACTIVE to debit his bank account for the amount corresponding to the price of the activity. To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his card as well as the numbers of the visual cryptogram. In order to ensure the confidentiality and security of payments, TEAM ACTIVE uses a secure payment service.
Transactions and information concerning the Client are always confirmed. It is advisable to print the confirmation and keep it. The Customer also has access to all the contact details necessary to contact Customer Service in the event of a problem.
Article 8 – Delivery of access tickets and Gift Vouchers
Access tickets to leisure activities and Gift Vouchers are sent by automatic email to the Customer once the purchase has been finalized.
Article 9 - Right of withdrawal
- For the online purchase of access tickets dated to leisure activities
In accordance with article L. 221-28 12° of the Consumer Code, “the right of withdrawal cannot be exercised for contracts: (…) leisure activities that must be provided on a specific date or period"
Consequently, the Customer does not have a right of withdrawal when he buys one or more access tickets to leisure activities on the Website if they are dated.
- For the online purchase of a Gift Voucher or a book of tickets undated
The Customer has a right of withdrawal of fourteen (14) days which begins from the day after receipt of the Gift Voucher or the book of undated tickets. In the event that this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. The Customer may exercise his right of withdrawal, without having to justify any reason. To exercise his right of withdrawal, the Customer must notify his decision to withdraw before the expiry of the aforementioned period by post or by e-mail, using the contact details indicated in the article “Customer service – Communication and notification” . TEAM ACTIVE provides the Customer with a withdrawal form available in the appendix to these T&Cs.
In the event of exercise of the right of withdrawal, TEAM ACTIVE shall reimburse the Customer for the price of the Gift Voucher or the ticket book no later than fourteen days from the date on which it is informed of the Customer's decision to withdraw. . TEAM ACTIVE makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer has given his agreement to be reimbursed by another means of payment.
The Customer understands and accepts that the right of withdrawal described above can only be applicable insofar as the Customer has not yet activated the Gift Voucher or started the ticket book. The Customer will therefore no longer benefit from a right of withdrawal if the Gift Voucher or the ticket book has been activated or used in any way whatsoever.
Article 10 – Cancellation of the reservation by TEAM ACTIVE
Some activities are subject to a minimum reservation to be carried out. TEAM ACTIVE therefore reserves the right to cancel the time slot of an activity if the number of participants is insufficient.
An activity that could not be honored by us will be the subject of a proposal to postpone to another time slot during the day or possibly another day or, if necessary, a refund.
Article 11 - Intellectual property
TEAM ACTIVE is the owner of the intellectual property rights on all the elements visible on the Site, such as brands, logos, texts, photographs and images, or has been granted the necessary licenses on the related intellectual property rights. The T&Cs cannot confer on the Customer any transfer of intellectual property rights over these elements. The trademarks TEAM ACTIVE, TEAM ACTIVE GRAND OUEST, TEAM ACTIVE GRAND SUD, TEAM ACTIVE ILE-DE-FRANCE are registered trademarks. Any reproduction, representation, distribution or exploitation of any kind whatsoever and by any means whatsoever of any of the aforementioned elements, without the prior written authorization of TEAM ACTIVE, is strictly prohibited and would constitute an act of counterfeiting. sanctioned by the Intellectual Property Code.
Article 12 - Protection of personal data
TEAM ACTIVE undertakes to respect the privacy of its Customers by collecting and processing their personal data on the Website in accordance with applicable data protection regulations.
TEAM ACTIVE processes the data collected from the Customer for the following purposes:
- Management of the commercial relationship: purchase, after-sales service, information related to the order;
- Sending newsletters.
To find out more about the management of his personal data and to exercise his rights, the Customer can consult the privacy policy available at the bottom of the Site page or directly on this link https://teamactive.preprod5.irislab.top/politique -of-confidentiality/.
Article 13 - Liability
TEAM ACTIVE cannot be held responsible or considered as having failed in the GCS for any non-performance, when the cause of the delay or the non-performance is linked to the non-performance of the GCS is attributable to the Customer or to a case of Force Majeure.
The Customer acknowledges that he concludes the purchase for strictly personal use. Consequently, TEAM ACTIVE cannot in any case be held liable in the event of damage related to the Client's professional activity, including in the event of loss of turnover, loss of customers, loss of profit, loss of data or reputational damage suffered by the Customer.
TEAM ACTIVE declines all responsibility for damage of any kind whatsoever and, in particular: fire and/or theft, likely to affect the effects, objects or materials brought by visitors, which would not have been subject to a deposit in premises reserved for this purpose. Each visitor is responsible for any damage, direct or indirect, that he may cause during his presence in the TEAM ACTIVE leisure areas.
TEAM ACTIVE alone assesses the operating and maintenance conditions of its sites; it decides in particular (i) on setting the opening days and times and the various activities it offers, (ii) on establishing maintenance, repair and rehabilitation programs for all the equipment for which TEAM ACTIVE is owner or benefits from a right of use, as well as (iii) the adoption of standards and rules concerning health, safety, presentation to the public of its activities and services to visitors to its leisure sites.
In particular, TEAM ACTIVE may decide to close all or part of the sites it manages to the public, and suspend all or part of the services offered, for as long as it deems necessary, in particular due to questions or operations related the safety or health of visitors, the maintenance, repair, rehabilitation, restructuring of all or part of the equipment on its sites, bad weather, public order, etc., without being held responsible and without the Customer being able to claim compensation of any kind.
Article 14 – Rules of procedure
Each visitor must comply with the internal rules of TEAM ACTIVE displayed at the entrance to the physical sites managed by TEAM ACTIVE. The authorized services of TEAM ACTIVE are entitled to proceed with the expulsion of any offender without possible recourse. Visitors expelled in this context cannot, under any circumstances, obtain a refund of entry tickets.
Article 15 – Insurance
TEAM ACTIVE holds a Professional Liability Insurance Policy taken out with
Insurer MMA IARD Assurances Mutuelles / MMA IARD, whose head office is located at 14 bd Marie et Alexandre Oyon – 72030 LE MANS cedex 9,
International Insurance Program N° 127 113 580
It covers the consequences of professional civil liability that may be incumbent on TEAM ACTIVE due to bodily, material and immaterial damage caused to its customers or third parties as a result of its professional activity as a manager of leisure activities.
Article 16 – Cancellation of the sales contract
Non-compliance with any of the Customer's obligations authorizes TEAM ACTIVE to proceed automatically and without notice to the resolution of the sales contract in whole or in part. TEAM ACTIVE will inform the Customer of this as soon as possible.
Article 17 – Conservation of the sales contract
Pursuant to Article L. 213-1 of the Consumer Code, TEAM ACTIVE undertakes to keep and archive on all media, for ten (10) years, the contracts concluded with the Customer for a value greater than or equal to one hundred and twenty (€120) and to guarantee them access at all times. The exercise of this right of access may be exercised by email to info@teamactive.fr.
Article 18 – Customer service – Communication and notification
Any exercise of the right of withdrawal, change of address of the Customer and generally any notification or correspondence relating to a purchase must be addressed to Customer Service:
By post: TEAM ACTIVE 40-42 Quai du Point du Jour 92100 BOULOGNE BILLANCOURT
Or by mail : info@teamactive.fr
Article 19 – Settlement of disputes – Consumer mediator
The Customer has the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other method of dispute resolution.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, TEAM ACTIVE adheres to the CMAP Mediator Service which the Customer can contact:
– either by using the form available on the CMAP website,
– either by e-mail: consumption@cmap.fr
– or by post: CMAP – Consumer Mediation Service, 39, avenue FD Roosevelt, 75008 PARIS.
The Customer may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 20 - Applicable law and competent jurisdiction
The T&Cs are subject to French law. This is the case for the rules of substance, as for the rules of form, notwithstanding the places of performance of the substantial or accessory obligations. Any dispute in connection with the conclusion, validity, interpretation, execution or termination of the General Conditions of Sale will be subject to the jurisdiction of the courts (i) of the place of the registered office of TEAM ACTIVE; or (ii) the Customer's place of residence.
Annex 1 to the General Conditions of Sale
MODEL WITHDRAWAL FORM
In accordance with article L.221-18 of the Consumer Code, the Customer has a right of withdrawal of fourteen (14) days which begins the day after receipt of the Gift Voucher. In the event that this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The Customer understands and accepts that the right of withdrawal described above can only be applicable insofar as the Customer has not yet activated the Gift Voucher.
To exercise his right of withdrawal, the Customer must notify his decision to withdraw before the expiry of the aforementioned period by post or by e-mail, to:
TeamActive Customer Service
40/42 Quai du Point du Jour
92100 Boulogne Billancourt
E-mail : info@teamactive.fr
TEAM ACTIVE will reimburse the Customer for the purchase price no later than fourteen days from the date on which it is informed of the Customer's decision to withdraw. TEAM ACTIVE makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer has given his agreement to be reimbursed by another means of payment.
(Compléter Veuillez et le présent renvoyer formulaire souhaitez vous vous uniquement if rétracter du contrat.)
I, the undersigned)
LAST NAME FIRST NAME………………………………………………….
E-MAIL : ……………………………………………………………..@………………………………………………………… ………….
ADDRESS:……………………………………………………………………………………………………………………………… ……….
POSTAL CODE : ……………………………………………. CITY :………………………………………………….
Declare hereby notify my withdrawal from the purchase contract relating to
- gift voucher no.……….
- the book of undated tickets n°……..
Purchased on ………………………………… [Indicate date of purchase]
Done at …………………………………………………………………on ………………………………………………………………… ….
Signature
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