C.G.U.

General terms and conditions of sale

Effective in 2021 the third of May

Article 1 : Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reserve, to all sales concluded by the seller with professional or non-professional buyers ("the customers or the client"), wishing to acquire the products offered for sale ("the products"), by the seller on the website www.wildimmersion.io. The products offered for sale on the site are the following:
  • Ticket sales for access to the venues in Nice, Dijon and New York
  • Sale of various products online
  • Access to the Wild at Home platform
Before ordering on the website www.wildimmersion.io, the customer is obliged to take note of the main characteristics of the products, the specifications, and illustrations.
The choice and purchase of a product is the sole responsibility of the customer.
Product offers are subject to availability, as specified when the order is placed.
The GTC are available at any time on the website www.wildimmersion.io and will prevail over any other document.
The customer declares that he/she has read these GTC and accepted them by ticking the box provided for this purpose before placing an order online at www.wildimmersion.io.
In the absence of proof to the contrary, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.
The seller's contact details are as follows:
Wild Immersion SAS Share capital of 5,000 euros Registered at the RCS of Nîmes, under the number 851231142 160 Allée Frédéric Desmons 30000 Nîmes Email address: contact@wildim.com Telephone: +33 1.84.03.99.88
The products presented on the website www.wildimmersion.io are offered for sale in the following territories:
  • Metropolitan and overseas France
  • All over the world
In the case of an order to a country other than metropolitan France, the customer is the importer of the product or products concerned.
For all products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the customer.

Article 2 : Prices

The products are supplied at the prices in force on the website www.wildimmersion.io, at the time the order is registered by the seller.
Prices are expressed in euros, exclusive of tax and inclusive of all taxes.
The prices do not take into account the shipping costs charged in addition. These costs are indicated to the buyer during the sales process.
The prices take into account any discounts offered by the seller on the website www.wildimmersion.io.
These prices are firm and non-revisable during their period of validity, but the seller reserves the right, outside of the period of validity, to modify the prices at any time, while guaranteeing the application of the price indicated at the time of the order.
The payment requested from the customer is the total amount of the purchase, including additional costs.
An invoice is issued by the seller and given to the customer upon delivery of the ordered products.
For all products shipped outside the European Union and/or French overseas departments and territories, the price is systematically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities.

Article 3 : Orders

It is the customer's responsibility to select the products they wish to order on the www.wildimmersion.io website.
In accordance with the legal provisions, when the contract is concluded electronically, the customer is informed of the essential characteristics of the product.
The client must:
  • Provide your contact details (identification, e-mail, postal address, etc.).
  • Accept the general terms and conditions of sale
  • Check the elements of the order (double-click formality) and correct any errors or cancel the order.
The confirmation of the order allows the formation of the contract. The customer must then follow the payment and delivery instructions.
The customer will receive a confirmation of his order and will be able to follow the progress of his order on the site.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the www.wildimmersion.io website constitutes the formation of a contract concluded at a distance between the customer and the seller.
The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
Any cancellation of the order by the customer will only be possible before the delivery of the products (independently of the provisions relating to the application or not of the legal right of withdrawal).
The language proposed for the conclusion of the contract is French.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.

Article 4 : Customer area and account

In order to place an order, the customer is invited to create an account (personal space).
To do so, he/she must register by filling in the form provided at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her email address.
The customer is responsible for updating the information provided. They can change it by logging into their account.
To access his personal space and order history, the customer must identify himself using his chosen identifier and password, which will be communicated to him after his registration, and which will be strictly personal. In this respect, the customer shall refrain from disclosing them. Otherwise, he/she will remain solely responsible for the use that will be made of them.
The customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an e-mail to contact@wildim.com. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site www.wildimmersion.io will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic means and remained without effect.
Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the customer.
The seller shall not be liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these general terms and conditions of sale.

Article 5 : Terms of payment

The price is to be paid by credit card, via a secure payment system.
The price is payable in full by the customer on the day the order is placed. The payment data is exchanged in an encrypted manner using the protocol defined by the approved payment service provider involved in banking transactions on the www.wildimmersion.io website.
Payments made by the customer shall not be considered final until the seller has effectively collected the sums due.
The seller shall not be obliged to deliver the products ordered by the customer if the customer does not pay the price in full in accordance with the above conditions.
The secure payment is made via our service provider www.stripe.com.

Article 6 : Deliveries

For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be carried out correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The products ordered by the customer will be delivered to the following areas:
  • Metropolitan and overseas France
  • All over the world
Deliveries are made within thirty days to the address indicated by the customer when ordering on the site. This period does not take into account the preparation time of the order.
Delivery is the transfer to the customer of physical possession or control of the product. Except in special cases or when one or more products are unavailable, the products ordered will be delivered at once.
The seller undertakes to make every effort to deliver the products ordered by the customer within the time limits specified above.
If the ordered products have not been delivered within thirty days after the indicative delivery date, for any reason other than force majeure or the fault of the customer, the sale may be cancelled at the written request of the customer under the conditions provided for in Articles L216-2: L216-3 and L241-4 of the French Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier to the address given by the customer at the time of ordering and to which the carrier has easy access.
When the customer has taken responsibility for using a carrier of his choice, delivery is deemed to have taken place as soon as the products ordered have been handed over by the seller to the carrier who has accepted them without reservation. The customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the seller in the event of a failure to deliver the goods transported.
The customer is required to check the condition of the products delivered. He/she has a maximum of three days from the date of delivery to make complaints by e-mail, accompanied by all the relevant documents (notably photos). After this period and if these formalities are not respected, the products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the seller.
The seller will reimburse or replace, as soon as possible and at his own expense, the delivered products for which the defects of conformity or the apparent or hidden defects will have been duly proven by the customer, under the conditions provided for in articles L217-4 and following of the French Consumer Code and those provided for in the present General Terms of Sale.
The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the customer takes physical possession of the products. The products therefore travel at the seller's risk, except when the customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

Article 7 : Transfer of ownership

The transfer of ownership of the products from the seller to the customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said products.

Article 8 : Right of withdrawal

Concerning "Wild at home", given the nature of the products sold, the orders placed by the customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the customer places the order in accordance with the terms and conditions set out in these GTC.
Concerning the sale of products, in accordance with the provisions of article L221-5 of the French Consumer Code, the buyer has the right to withdraw without giving any reason, within fourteen days of the date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company via the address contact@wildim.com by sending the form in Appendix 1.
If the right of withdrawal is exercised within the fourteen-day period, the price of the product(s) purchased and the shipping costs will be reimbursed, with the return costs remaining at the Customer's expense. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.). If possible, they should be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard retraction form to be sent to us at the following address: 8 rue Godillot 93400 Saint-Ouen-sur-Seine or by e-mail to the address indicated above.
The refund will be made by credit card.

Article 9 : Liability of the seller and guarantees

The products supplied by the seller benefit from:
  • The legal guarantee of conformity for defective, damaged, or damaged products or those that do not correspond to the order.
  • The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.
Provisions relating to legal guarantees:

Article L217-4 of the French Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him under the contract or has been carried out under his responsibility. »

Article L217-5 of the French Consumer Code:
"The property is in conformity with the contract:
1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so:
  • If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model.
  • If it has the qualities which a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer, or his representative, in particular in advertising or labelling.
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. »

Article L217-12 of the French Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Article 1641 of the French Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the special use intended by the buyer, brought to the seller's attention and accepted by the latter. »

Article 1648 paragraph 1 of the French Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »

Article 217-16 of the French Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service. »
In order to assert his rights, the customer must inform the seller, in writing (e-mail or letter), of the non-conformity of the products or of the existence of hidden defects as soon as they are discovered.
The seller will refund, replace, or repair products or parts under warranty that are found to be non-conforming or defective.
The cost of postage will be reimbursed on the basis of the invoiced rate and the cost of return will be reimbursed on presentation of the receipts.
Refunds, replacements, or repairs of products deemed to be non-conforming or defective will be made as soon as possible and at the latest within thirty days of the seller's finding of the lack of conformity or hidden defect. This refund may be made by bank transfer.
The seller cannot be held responsible in the following cases:
  • Non-compliance with the legislation of the country to which the products are delivered, which it is up to the customer to check.
  • In the event of misuse, professional use, negligence, or lack of maintenance on the part of the customer, as well as in the event of normal wear and tear of the product, accident, or force majeure.
  • The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the seller.
The seller's guarantee is, in any case, limited to the replacement or reimbursement of non-conforming products or products affected by a defect.

Article 10 : Personal data

The customer is informed that the collection of his personal data is necessary for the sale of the products by the seller as well as for their transmission to third parties for the purpose of delivering the products. This personal data is collected solely for the execution of the sales contract.

10.1 Collection of personal data
The personal data that are collected on the website www.wildimmersion.io are the following:

Opening an account
When creating the customer/user account:
Name, first name, postal address, telephone number and e-mail address.

Payment
In the context of the payment of the products offered on the site www.wildimmersion.io, the latter records financial data relating to the bank account or credit card of the customer/user.


10.2 Recipients of personal data
The personal data is for the sole use of the seller and its employees.

10.3 Data controller
The data controller is the seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data (RGPD).

10.4 Limitation of treatment
Unless the customer expressly agrees, his or her personal data will not be used for advertising or marketing purposes.

10.5 Data retention period
The seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

10.6 Security and confidentiality The seller implements organisational, technical, software and physical digital security measures 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 Seller cannot guarantee the security of the transmission or storage of information on the Internet.

10.7 Enforcement of customer and user rights
In application of the regulations applicable to personal data, customers, and users of the site www.wildimmersion.io have the following rights:
  • They can update or delete their data either from the personal area or by sending an email to contact@wildim.com.
  • They can delete their account by writing to the e-mail address indicated in article 10.3 "Controller".
  • They may exercise their right of access to the personal data concerning them by writing to the address indicated in Article 10.3 "Data controller".
  • If the personal data held by the seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 10.3 "Data controller".
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 10.3 "Controller".
  • They can also request the portability of data held by the vendor to another provider.
  • Finally, they can object to the processing of their data by the seller.
These rights, provided that they do not oppose the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
If the customer's request is refused, reasons must be given.
The customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or refer the matter to the judicial authorities.
The customer may be asked to tick a box in which he/she agrees to receive informative and advertising e-mails from the seller. The customer can always withdraw this consent at any time by contacting the seller (contact details above) or by following the unsubscribe link.

Article 11 : Intellectual Property

The content of the www.wildimmersion.io website is the property of the seller and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 12 : Applicable law and language

These GTCs and the transactions arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 13 : Disputes

For any complaint, please contact the customer service department at the postal or e-mail address of the seller indicated in Article 1 of these GTC.
The customer is informed that he/she may in any case have recourse to conventional mediation, to mediation bodies or to any alternative method of dispute resolution (conciliation for example) in the event of a dispute.
The customer is also informed that he/she can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main.index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.

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