General terms and conditions for private customers

General terms and conditions of sale for non-professionals

The YVES CHEVAL Company
67 to 71, Avenue Félix ZOCCOLA
13015 MARSEILLE
RCS Marseille B 505 162 784
 TEL 04 91 25 24 69 - Port : 06 15 73 93 89

Hereinafter referred to as "the Seller".

ARTICLE ONE - Scope of application
1-1 The present General Terms and Conditions of Sale apply, without restriction or reserve, to the sale to non-professional Purchasers ("the Customer or the User or the Purchaser") of all the products and services offered by the Company YVES CHEVAL on its Internet site "www.petit-train-marseille.com" intended for non-professionals. These products and services are mainly DVDs and tickets for the Marseille tourist train.
When purchasing products and services on the service provider's website, the Customer acknowledges having read these general terms and conditions and, where applicable, the special terms and conditions of sale and use, and expressly declares accepting them without reservation and without prejudice to the usual means of recourse.
In the absence of proof to the contrary, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Customer.
1-2 These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to other distribution and marketing channels for these services.
These General Terms and Conditions of Sale are accessible at all times on the website and shall prevail, where applicable, over any other version or any other contradictory document.
1-3 As these general terms and conditions of sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
1-4 In the absence of any provision herein, such provision shall be deemed to be governed by the practices in force in the sector concerned in France.
The fact that the Seller does not avail itself at a given time of one of the provisions of the GTCS may not be interpreted as a waiver of its right to do so at a later date.
If any provision(s) of the GTCS is (are) held to be invalid or declared to be invalid pursuant to any law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
1-5 It is the Customer's responsibility to inform themselves about the products and services and to select the most advantageous for them. The Vendor cannot be held responsible for the Customer's choice.
The main characteristics of the products and services, and in particular the specifications, illustrations and indications relating to the products and services, are presented on the "www.petit-train-marseille.com" Site. The photographs and graphics presented on this Site are not contractual and shall not incur the liability of the Seller. It is the Customer's responsibility to refer to the description of each product and service in order to understand its properties and essential characteristics.

ARTICLE 2 - Validation of the online order
It is the Customer's responsibility to select the product or service they wish to order and the quantity on the "www.petit-train-marseille.com" website and, in order for the order to be validated, they must accept these general terms and conditions by clicking where indicated. They must also enter their contact details and finally confirm the method of payment.
Offers of products and services are valid for as long as they are visible on the website. The Seller does not intend to sell the Products and services on the www.petit-train-marseille.com website to professionals, but only to consumers for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product/service in large quantities via its website. The Buyer must then contact the Seller directly to conclude the sale.
The sale will not be considered definitive until the Vendor has sent the Buyer confirmation of acceptance of the order by e-mail, once the full price has been received by the Vendor.

ARTICLE 3 - Prices
The products and services offered by the Vendor are supplied at the current price listed on the "www.petit-train-marseille.com" website when the order is placed. Prices are expressed in Euros and include VAT.
With regard to transport tickets, the fares take into account any reductions applicable to children or non-professional groups of at least 20 people, which may be granted by the Seller on the "www.petit-train-marseille.com" website.
These prices are firm and non-revisable during their period of validity, as indicated on the website "www.petit-train-marseille.com", the Seller reserving the right, outside this period of validity, to modify the prices at any time.
Prices include the cost of processing the order. They do not include shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website "www.petit-train-marseille.com", and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Vendor and sent to the Customer electronically after payment for the order, showing, for a single transaction, details of the products and services purchased, the date of purchase, the total price excluding VAT, the total price including VAT and any service charges.

ARTICLE 4 - Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment. To pay for their order, Users may choose from all the payment methods made available by the Vendor and listed on the Vendor's website, i.e. payment by bank card or by Paypal account.
The User guarantees the Vendor that he has the necessary authorisations to use the method of payment chosen by him when validating his order.

The Vendor reserves the right to suspend all order processing in the event of refusal to authorise payment by bank card by officially accredited organisations or in the event of non-payment. In particular, it reserves the right to refuse to honour an order from a User who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
The Vendor has implemented an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge.
In addition, the Vendor reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel any orders in progress placed by the Customer.
The User may not be charged any additional costs in excess of those borne by the Seller for the use of a means of payment.

ARTICLE 5 - Delivery
Products and services ordered and paid for by the Customer may be sent by post for an additional charge of ONE EURO AND FORTY CENTS (1.40 euros) for travel tickets and TWO EUROS AND EIGHTY CENTS (2.80 euros) for DVDs. Delivery by post is limited to mainland France.
The Products and services ordered by the Customer will be delivered in mainland France within 10 days, to the address indicated by the Customer when placing the order on the www.petit-train-marseille.com website, subject to confirmation of payment. The Vendor undertakes to make its best efforts to deliver the products and services ordered by the Customer within the times specified above. However, these times are given for information only.
Except in special cases or when one or more Products and services are unavailable, the Products and services ordered will be delivered in a single delivery.
If the Products and services ordered have not been delivered within ONE (1) month of dispatch of the order, 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 set out in articles L 138-2 and L 138-3 of the French Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within FOURTEEN (14) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
The Vendor may not be held liable for any prejudice caused in the event of failure to meet delivery deadlines once the products and services have been delivered on time by the Vendor to the postal services. It is therefore the Customer's responsibility to ensure that their order is placed sufficiently in advance for delivery to take place before the desired date for the services in particular.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products and services ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.

ARTICLE 6 - Withdrawal period
In accordance with the legal provisions in force, the Customer has a withdrawal period of FOURTEEN (14) days from the date of confirmation of the order to exercise his right of withdrawal from the Vendor, without having to justify his decision or pay any penalties, for the purposes of exchange or reimbursement.
The right of withdrawal shall be exercised by registered post with acknowledgement of receipt, using the withdrawal form available in the appendix to these General Terms and Conditions of Sale.
The exchange or refund will be made within FOURTEEN (14) days of the Customer exercising his/her right of withdrawal.
In accordance with the regulations in force, the right of withdrawal cannot be exercised for video recordings once they have been unsealed by the Customer.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the delivery costs will be reimbursed; the cost of returning the product(s) will be borne by the Customer.

ARTICLE 7- Purchase of tourist transport tickets
7-1 Conditions of issue and validity of tourist tickets
The tickets offered are strictly personal, non-transferable and can only be used on the route for which they have been issued.
Once the withdrawal period has passed, a ticket purchased via the "www.petit-train-marseille.com" site cannot be modified, reimbursed or cancelled once the order has been confirmed. It will be valid for SIX (6) months from the date on which the order is validated by the Seller. After this period of 6 months, the ticket is no longer valid, and the Customer may not request a refund or exchange of the ticket.
Once payment has been accepted, one or more tickets will be issued by e-mail, which the User must print out and which indicate(s) the route chosen and the conditions that apply.
However, the User may take advantage of the postal delivery service for tickets ordered for an additional charge of ONE EURO FORTY CENTIMES (1.40) euros, limited to mainland France only and subject to the delivery conditions detailed below.
Each ticket entitles the holder, during its period of validity, to access the small train for the chosen tourist route. However, the Vendor cannot be held responsible for changes to the itinerary or a ban on travel resulting from external causes or force majeure.
Users must carry their tickets with them throughout the circuit, from the start area to the finish area and when moving around the circuit.
7-2 Transport conditions and hazards
All Users must be in possession of a valid ticket and the Seller reserves the right to check this.
Any person present on a tourist train without a ticket or with a ticket that has been misused will be liable to prosecution and/or compensation as defined below:
Payment of the amount due for transport,
Depending on the seriousness of the offence committed, the Seller reserves the right to file a complaint for fraud and criminal proceedings may be instituted.
All Users must comply with the safety rules laid down by the Seller throughout the transport process. Any behaviour deemed inappropriate may result in refusal of the service or immediate expulsion during the tour.
The Seller is in no way responsible for the loss, theft or deterioration of personal property during transport.
The Vendor undertakes to use its best endeavours to provide the Services ordered by the Customer, on a best endeavours basis.
However, the Seller reserves the right to modify the tours, or even to cancel them for technical, regulatory or police reasons, or in the event of external events, particularly bad weather and other events beyond its control, making it impossible to carry out the transport in whole or in part.
In this case, the User will have the option of postponing the service to another date or on another tour of his/her choice, subject to the validity of the ticket in accordance with the conditions set out above. The service will not be refunded.
7-3 Complaints
Any dispute or claim will only be taken into consideration if it is made in writing and sent by registered post with acknowledgement of receipt to the Seller within a maximum of EIGHT (8) days after the tour has been completed.

ARTICLE 8 - Purchase of DVDs
8-1 Seller's liability - Warranty
The Products sold on the "www.petit-train-marseille.com" website comply with the regulations in force in France and their performance is compatible with non-professional use.
The Products supplied by the Vendor are automatically and without further payment, independently of the right of withdrawal, in accordance with the legal provisions,
the legal guarantee of conformity, for apparently defective, damaged or damaged Products or Products 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 rendering them unfit for use, under the conditions and according to the procedures defined below.
In order to assert his rights, the Customer must inform the Vendor in writing of the existence of the hidden defects within a maximum period of FOURTEEN (14) days from their discovery. The Vendor will reimburse, replace or have repaired the Products or parts under guarantee deemed to be non-compliant or defective. Postage costs will be reimbursed on the basis of the invoiced rate and return postage costs will be reimbursed on presentation of supporting documents. Reimbursements for Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within FOURTEEN (14) days following the Vendor's finding of the non-conformity or hidden defect. Refunds will be made by crediting the Customer's bank account or by cheque sent to the Customer.
The Vendor cannot be held liable in the following cases:
non-compliance with the legislation in which the products are delivered, which it is the Customer's responsibility to check,
in the event of misuse, use for professional purposes, 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 Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
8-2 Transfer of ownership - transfer of risks
Delivery consists of the transfer to the Customer of physical possession or control of the goods.
Regardless of the date of transfer of ownership of the goods, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, unless the Buyer has chosen a carrier other than the one proposed by the Seller. In the latter case, the risk will be transferred to the Buyer as soon as the goods are handed over to the carrier.

ARTICLE 9 - Electronic signature
The online provision of the Customer's bank or payment card number and the final validation of the order shall constitute proof of the Customer's agreement, in accordance with the provisions of the Law of 13 March 2000, and shall constitute :
Payment of sums due under the purchase order,
Signature and express acceptance of all transactions carried out.

 ARTICLE 10 - Security
The www.petit-train-marseille.com website is protected by an SSL encryption system and all the scrambling and encryption processes have been strengthened to protect all sensitive data relating to means of payment. As part of this verification process, the Buyer may be asked to send the Vendor, by fax or e-mail, a copy of an identity document and proof of address. The order will not be validated until the Vendor has received and verified the documents sent.

ARTICLE 11 - Data protection
The processing of information communicated via the "www.petit-train-marseille.com" website has been declared to the CNIL.
In accordance with the Data Protection Act of 6 January 1978, the Customer has the right, at any time, to access, rectify and oppose all of his personal data by writing, by post and providing proof of his identity, to the Company YVES CHEVAL whose registered office is located at 67 to 71, Avenue Félix ZOCCOLA 13015 MARSEILLE.
In application of the same law, it should be noted that the personal data requested from the Customer is necessary for processing the order and, in particular, for drawing up invoices. This data is collected for control, statistical, management and commercial development purposes.
All the data is only intended for the Company YVES CHEVAL. However, these data can be communicated to the possible partners of the Salesman in charge of the execution, the treatment, the management and the payment of the orders.

ARTICLE 12 - Intellectual property
The content of the "www.petit-train-marseille.com" website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Seller retains ownership of all intellectual property rights over photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to supplying the products and services to the User.
The User is therefore prohibited from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the Vendor's express, prior written authorisation, which may be subject to a financial consideration.

ARTICLE 13 - Applicable law - Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 14 - Disputes
All disputes to which the purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences and which cannot be resolved between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may have recourse to conventional mediation or any other alternative dispute resolution method in the event of a dispute, and in particular by having recourse to a consumer mediator, the list of whom is available from the Consumer Mediation Commission (C. consom. art. R 155-1).

ARTICLE 16 - Pre-contractual information - Customer acceptance
The User acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information and details referred to in article L.121-19 of the French Consumer Code, and in particular :
the main characteristics of the products and services offered, to the extent appropriate to the communication medium used and the products and services concerned;
the identity of the professional (company name, geographical address of the establishment and telephone number);
the total price of the products and services including all taxes and any additional charges;
where applicable, the terms of payment, performance and the period of validity of the products and services.
The fact that a natural person or legal entity places an order on the "www.petit-train-marseille.com" website implies full and unreserved acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the User, who in particular waives the right to rely on any contradictory document that would be unenforceable against the Seller.
RETRACTION FORM

For the attention of YVES CHEVAL - TRAIN TOURISTIQUE DE MARSEILLE, 67 to 71 avenue Félix ZOCCOLA, 13015, MARSEILLE :
I/we/

hereby give notice of my/our withdrawal from the contract for the sale of the goods........................ /for the provision of services............................ below:

Ordered on ............................../received on ............................. :
Last name - First name :
Address:
Signature:
Date :
(*) Delete as appropriate.
Send this letter by recorded delivery.