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MC Watersports
Limited company with a capital of 15000 euros
Registered office C/O Valeri Agency, Le Michelangelo, 7 avenue des Papalins 98000 Monaco ;
Phone number +33 6 07 93 49 49; E-mail address contact@mcws.mc;
RCI n°21S08837;
Intra-community VAT n°FR15000156462;
The person responsible for the publication is Florian Valeri;

 

General terms and conditions of sale

 

Date of last update 28/06/21

 

Article 1 – Purpose

The present conditions govern the sales by MC Watersports C/O Valeri Agency, Le Michelangelo, 7 avenue des Papalins 98000 Monaco of Gift vouchers.

 

Article 2 – Prices

The prices of our services are indicated in Euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.

In the event of an order to a country other than metropolitan France, you are the importer of the service(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the competence of the company MC Watersports. They will be at your charge and are your entire responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to inquire about these aspects with your local authorities.

All orders, whatever their origin, are payable in Euros.

MC Watersports reserves the right to modify its prices at any time, but the service will be invoiced on the basis of the rate in force at the time of the validation of the order and subject to availability.

 

Article 3 – Orders

You can place an order:

On the Internet: https://mc-watersports.com/

The contractual information is presented in French language and will be confirmed at the latest at the time of the validation of your order.

MC Watersports reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.

A confirmation email or SMS will be sent to you once the schedule has been booked by telephone.

 

Article 4 – Validation of your order

Any order placed on the website https://mc-watersports.com/ implies acceptance of these General Conditions. Any confirmation of an order implies your full and complete acceptance of these general terms and conditions of sale, without exception or reservation.

All the data provided and the recorded confirmation will be considered as proof of the transaction.

You declare that you are fully aware of this.

The order confirmation will be considered as a signature and acceptance of the operations carried out.

A summary of your order information and these General Conditions will be sent to you in PDF format via the e-mail address used to confirm your order.

 

Article 5 – Payment

The fact of validating your order implies for you the obligation to pay the price indicated.

Payment of your purchases is made by credit card using the secure Payplug system.

 

Article 6 – Withdrawal

In case of exercise of the right of withdrawal, MC Watersports will proceed to the reimbursement of the sums paid, within 14 days following the notification of your request and via the same means of payment as the one used during the order.

Any cancellation less than 24 hours before the start of the activity will not be refunded.

If you do not show up at the scheduled boarding time, we will not refund the tour.

Depending on the weather conditions, we reserve the right to cancel the tour. If it is not possible to reschedule the tour to another time slot, the activity will be refunded at 100%.

 

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to

  • The supply of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer’s prior express agreement and express renunciation of his right of withdrawal.
  • The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader’s control and which may occur during the withdrawal period.
  • The supply of goods made to the consumer’s specifications or clearly personalised.
  • The supply of goods which are likely to deteriorate or expire rapidly.
  • The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
  • The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
  • The supply of alcoholic beverages the delivery of which is delayed beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader’s control.
  • The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery.
  • The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications.
  • Transactions concluded at a public auction.
  • The supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

 

Article 7- Availability

Our products and services are offered as long as they are visible on the https://mc-watersports.com/ website and within the limits of available stocks.

 

Article 8 – Guarantee

All our products and services benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In case of non-conformity of a product or service sold, it can be returned, exchanged or refunded.

All claims, requests for exchange or refund must be made by mail within 30 days of delivery.

The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions, etc.). The shipping costs will be reimbursed to you on the basis of the invoiced rate and the return costs will be reimbursed to you on presentation of the receipts.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

 

Article 9 – Liability

The products and services offered are in conformity with the Monegasque legislation in force. The responsibility of MC Watersports cannot be engaged in case of non-respect of the legislation of the country where the product is delivered.

Finally, MC Watersports cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

During the navigation and the practice of the activity, the instructors are the only masters on board and the passengers must respect their instructions.

MC Watersports is not responsible for your personal items taken on board the boat.

 

Article 10 – Applicable law in case of disputes

The language of this contract is French. The present conditions of sale are subject to French law. In the event of a dispute, the French courts will have exclusive jurisdiction.

 

Article 11 – Intellectual property

All the elements of the website https://mc-watersports.com/ are and remain the exclusive intellectual property of MC Watersports. No one is allowed to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, the elements of the site whether they are software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of MC Watersports.

 

Article 12 – Personal data

MC Watersports reserves the right to collect nominative information and personal data concerning you. They are necessary to manage your order, as well as to improve the services and information we send you.

It may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the law of 6 January 1978, you have the right to access, rectify and oppose any personal information and data concerning you, directly on the website.

 

Article 13 – Archiving Proof

MC Watersports will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

The computerized records of MC Watersports will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.