GENERAL CONDITIONS OF USE of the site and the services offered :

Use of the www.catamaran-diamond-rock.com site implies full acceptance of the general conditions of use described below. These conditions of use are likely to be modified or supplemented at any time, users of the site www.catamaran-diamond-rock.com are therefore invited to consult them on a regular basis.

This site is normally accessible to users at all times. An interruption due to technical maintenance may however be decided by Catamaran Diamond Rock, who will then endeavor to communicate to users beforehand the dates and times of the intervention. The site www.catamaran-diamond-rock.com is updated regularly by Catamaran Diamond Rock. Likewise, the legal notices can be modified at any time: they nevertheless apply to the user, who is invited to refer to them as often as possible in order to become acquainted with them.


GENERAL CONDITIONS OF SALE (Terms of Sales) :

Between Catamaran Diamond Rock - FILAO VOILE Pointe du Bout, 97229, Les Trois Îlets, Martinique, FRANCE

Diamond Rock Catamaran - FILAO VOILE can be reached by email by clicking on the contact form accessible via the home page of the site.

Hereinafter the "Seller" or the "Company". 
On the one hand, 

And the natural or legal person purchasing the company's products or services, 
Hereinafter, “the Purchaser”, or “the Customer” 
On the other hand, 

It has been stated and agreed what follows :

PREAMBLE

The Seller is an excursionist registered as an S.A.S for maritime and coastal passenger transport, under SIRET number 81148714900015.

Article 1 : Object

These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by the Seller.

Article 2 : General provisions

These General Conditions of Sale (GTC) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.

The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or of the first payment in the event of payment of a deposit) of the order. These T & Cs are available on the Company's website at the following address: www.catamaran-diamond-rock.com.

The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or a service, and to accept them without restriction or reservation.

The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.

The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Price

The prices of the products sold through the Internet sites are indicated in Euros inclusive of all taxes - all taxes included (VAT + any other taxes) on the reservation page of the products offered on the site of our partner and the MyRezapp reservation system. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
The price displayed corresponds to the price of the service. This reservation method is non-cancellable and non-refundable except for specific and stipulated conditions.

Article 4 : Conclusion of the contract online

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order: Information on the essential characteristics of the Product; Choice of the Product, if applicable, of its options - Indication of the essential contact details of the Customer (identification, email, address, etc.); Acceptance of these General Conditions of Sale; Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. Confirmation of the order on the MyRezapp site will constitute the formation of this contract, and the terms of use of MyRezapp will also apply. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
During his ordering process, the customer will have the possibility of identifying any errors made in entering data and of correcting them. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are available and archived on the Seller's website.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any other reason deemed legitimate according to him.

Article 5 : Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the website dedicated to the reservation (MyRezapp) of the company, as well as, if applicable, the mode of use of the product. . In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the MyRezapp order confirmation page. The selling price of the product is that in force indicated on the day of the order. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product presentation page as to the dates of validity of the offer of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of the stocks of Products available only and the availability of the service provider at the time the order was placed. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

Article 6 : Compliance

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product within a period of 2 (two) years.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. Civ.), The Seller reimburses or exchanges products that are defective or do not correspond to the order.

Article 7 : Retention of title clause

The products remain the property of the Seller until the transfer of ownership between the Seller and the Buyer. The transfer of ownership occurs when the service has been provided in full by the Seller and its payment by the Buyer has been made in full. The rights attached to the Intellectual Property of the Author remain inseparably attached to his works. All other rights (public distribution, commercial exploitation, etc.) are strictly regulated by the Intellectual Property Code.

Article 8 : Terms of delivery

The products and services are only available as a service. The delivery of the service will take place on the day of the trip to sea, after payment of the amount remaining after payment of the deposit made online.

Article 9 : Availability and presentation

If an item is unavailable for a period exceeding 30 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and cancellation of the order.

Article 10 : Payment

Payment is due immediately upon ordering, including for pre-ordered products. The payment of a deposit is obligatory to guarantee any reservation. The balance will be paid on site on the day of the trip. The Customer can make secure online payment by credit card (CB) via our reservation partner MyRezzap. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider MyRezapp. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated, with or without application of the promotional code. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.

Payment can also be made by check or transfer according to the conditions on which the Seller and the Customer will have agreed after their exchanges. This agreement will serve as a contract between the parties under article 1103 of the Civil Code.

Article 11 : Withdrawal period

In accordance with the provisions of article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason, within fourteen (14) days of acceptance of this contract. This period does not however apply to contracts concluded between companies or professionals. The right of withdrawal can be exercised by contacting the Company as follows: Sending an email to the address contact@catamaran-diamond-rock.com. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal can only be exercised under specific conditions. If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, the reimbursement costs remaining the responsibility of the Customer, the latter will be deducted from the amount reimbursed.
In accordance with legal provisions, you can send us your withdrawal request to the following address: contact@catamaran-diamond-rock.com

Article 12 : Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made as follows: by sending an email to contact@catamaran-diamond-rock.com.

Article 13 : Complaints and mediation

Where applicable, the Buyer may submit any complaint by contacting the company using the following contact details: contact@catamaran-diamond-rock.com.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer can submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution.

Article 14 : Contract Resolution

The order can be resolved by the buyer by registered letter with acknowledgment of receipt in the following cases: delivery of a product that does not comply with the essential characteristics of the order (error in the correspondence of the nature of the product delivered by the Seller with the ordered product); unjustified price increase or modification of the product. In these cases, the buyer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15 : Intellectual Property Rights 

The brands, domain names, products, software, images, audios, videos, texts or more generally any information subject to intellectual property rights present on the site www.catamaran-diamond-rock.com are and remain the exclusive property of the seller . No assignment of intellectual property rights is made through these GTCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited. The seller also remains the owner of the rights attached to his various creations according to the legislation in force.

Article 16 : Major Event 

The performance of the seller's obligations under these terms is suspended in the event of the occurrence of a fortuitous event, force majeure, illness, or any other event that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible in order to agree on a new delivery date.

Article 17 : Nullity and modification of the contract

If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 18 : Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a processing of personal data which purpose the sale and delivery of products and services defined in this contract.

The Purchaser is informed of the following elements : 
- the identity and contact details of the data controller and, where applicable, the representative of the data controller, ie the Seller, as indicated at the top of these T & Cs.
- Data retention period : 1 year from data collection.
- The data subject has the right to request from the data controller access to personal data, the rectification or erasure of these, or a limitation of the processing relating to the data subject, or the right to oppose the processing and the right to data portability 
- The data subject has the right to lodge a complaint with a supervisory authority - The information requested when ordering is necessary for the establishment of the invoice (legal obligation ) and delivery of the goods ordered, otherwise the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

Article 19 : Applicable law and clauses

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.







Our general conditions of sale have been drawn up from a free model which can be downloaded from the site https://donneespersonnelles.fr