General Conditions of Use and Sale of Domaine Madinina
MADININA LMC, a simplified joint stock company with capital of 1,000 euros, registered in the Fort de France trade and companies register under number 921 725 776, whose registered office is located at VLA Embelli Joli Mont Nord, 97226 LE MORNE-VERT (hereinafter MADININA LMC), publisher and operator of the site “https://www.domaine-madinina.mq/” (hereinafter the “Site”), has established these general terms and conditions of sale and use (hereinafter the “GTC-GCU”), governing access to and use of the Site. They also set out the terms and conditions under which MADININA LMC agrees to provide the services (hereinafter the “Services”) presented on the Site.
Article 1. Acceptance of the T&Cs
Before using the Site or purchasing Services on the Site, you acknowledge having read these T&Cs and you accept them without restriction or reservation. You declare that you are legally capable of entering into a contract. These T&Cs also apply to any variation or extension of the Site on social or community networks, or applications, existing or future. We advise you to download and/or print them in order to keep them and refer to them in the future.
Article 2. Access to the site
To access the Site, you must have terminal equipment connected to the internet. You bear all costs relating to your digital environment (computer hardware, software and network connection), in particular the costs of connecting to the internet. MADININA LMC may refuse access to the Site to any person who does not comply with these T&Cs.
Article 3. Services
The essential characteristics of the Services offered are presented on the Site. You acknowledge having read this information prior to any order.
Article 4. Orders
Orders are placed online via the Site. To place an order, you must select the desired Services to add them to your basket. You must then validate the details of your basket, the total price, or correct any errors, and indicate your billing and delivery address, as well as your method of payment. You definitively confirm your order by clicking on the payment button. This confirmation constitutes an electronic signature on your part, equivalent to a handwritten signature, and firm and final acceptance of the sale. Once payment has been accepted, the order is validated as soon as possible by sending an acknowledgement of receipt by email to the address you have chosen.
Article 5. Delivery
The Services are provided within the European Union. Delivery is made to the address you have indicated, within the time specified at the time of ordering. The time varies depending on the delivery method chosen. You are required to personally receive the Services, or to designate a third party for this purpose. MADININA LMC cannot be held responsible for the delay or impossibility of delivering an order due to an error on your part in providing your contact details. In this case, MADININA LMC reserves the right to suspend delivery until the problem is resolved.
Article 6. Financial conditions
1. Price
Prices are indicated on the Site in euros, all taxes included. They take into account the VAT in force on the day of the order. MADININA LMC reserves the right to modify them at any time. The price applied is that in force at the time of confirmation of the order. Exceptionally, in the event of an erroneous indication of a price that is clearly derisory compared to the real value of the item, the order may be cancelled.
2. Payment
Payment is made in cash, by credit card via a secure system or in the following manner: Amex, transfer and cash. Your means of payment is debited when ordering. Any refusal of payment or partial payment results in the automatic cancellation of the order, of which you will be informed by email. You expressly agree that invoices will be sent to you in electronic format. MADININA LMC also reserves the right to refuse any order in the event that you have not fully or partially paid for a previous order or in the event that a dispute is in progress. The data recorded by MADININA LMC constitutes proof of the transactions concluded on the Site. In the event of an order via external sites, the customer agrees to comply with the rules applicable to the site on which the order was placed. The General Terms and Conditions of Sale of the site concerned will apply.
Article 7. Right of withdrawal
1. Legal right of withdrawal
The consumer customer has a legal right of withdrawal provided for by article L221-18 of the Consumer Code. You can exercise your right, without having to justify your decision, within 14 days from the conclusion of the Service provision contract. To exercise your right, you must inform MADININA LMC of your decision to withdraw by sending, before the expiry of the time limit, the withdrawal form , the model of which appears in the appendix below, or any other declaration, free of ambiguity, expressing your wish to withdraw, to the following contact details: VLA Embelli Joli Mont Nord, 97226 LE MORNE-VERT
Email: contact@domaine-madinina.mq In the event of withdrawal from a Service whose execution has begun, at your express request, before the end of the withdrawal period, you will be liable for an amount corresponding to the service provided until the communication of your decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided. MADININA LMC will make the refund using the same means of payment as that used during your purchase, unless you expressly agree to use another means of payment and to the extent that the refund does not incur any costs for you.
2. Exceptions to the right of withdrawal
In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in the following cases:
- The provision of services fully performed before the end of the withdrawal period (i) the performance of which has begun with your prior express agreement and (ii) with your recognition of the loss of your right of withdrawal, when the service has been fully performed by MADININA LMC;
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of MADININA LMC and which may occur during the withdrawal period;
- The provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period.
3. Cancellation
In the event of cancellation of the reservation after the withdrawal period, the seller provides that the customer may be reimbursed: Cancellation less than 30 days before the scheduled departure date: full refund Cancellation between 15 days before the scheduled departure date: partial refund Cancellation less than 14 days before the scheduled departure date: no refund.
Article 8. Responsibilities
MADININA LMC makes every effort to provide accurate and up-to-date information and content on the Site, without however being able to guarantee the performance, completeness or reliability of this information and content. MADININA LMC is not responsible for technical, computer or compatibility problems or failures affecting the availability or use of the Site, for reasons or circumstances beyond its control. MADININA LMC is also not responsible for any damage that may result from the use of the Site, including loss of data, deterioration, destruction or viruses that may affect your computer equipment.
Article 9. Intellectual Property
The entire Site, its structure and content (texts, tables, graphics, images, photographs, videos, sounds, databases, applications and software), are protected by copyright and intellectual property law of MADININA LMC or its suppliers and service providers. Any unauthorized representation, reproduction, adaptation, modification or exploitation is prohibited and may constitute an infringement within the meaning of Articles L. 335-2 et seq. of the Intellectual Property Code.
Article 10. Availability
MADININA LMC strives to ensure access to the Site 24 hours a day, 7 days a week, except in cases of force majeure or events beyond its control, without guaranteeing any results or minimum level of quality as to its availability. MADININA LMC may at any time and without notice suspend or limit access to the Site, in order to carry out maintenance, updates, modify its content, or any other action necessary for its proper functioning.
Article 11. Hypertext links
The Site may contain hyperlinks to other websites or external sources. MADININA LMC assumes no responsibility for the information, advertisements, products, services, or any other content available on these sites or external sources. MADININA LMC authorizes the establishment of hyperlinks to the Site, provided that the source site does not contain any illegal, violent or pornographic content, and excluding any use of these links for commercial or advertising purposes. MADININA LMC reserves the right to object.
Article 12. Personal data
As part of its activities, MADININA LMC undertakes to implement processing of the personal data of users of its services that respects their privacy and complies with current French and European legislation.
Who is the data controller?
The data controller is: MADININA LMC, a simplified joint stock company, registered in the Fort de France trade and companies register under number 921 725 776, whose head office is located at VLA Embelli Joli Mont Nord, 97226 LE MORNE-VERT
What data is collected from you?
MADININA LMC collects the information that you agree to provide by means of forms on the Site, when you place an order. The mandatory nature of the data is indicated during collection by an asterisk. MADININA LMC also collects data relating to the monitoring of the commercial relationship, in particular your purchase history and requests and correspondence addressed to customer service. Your connection and navigation data are collected automatically when you use the Site, in particular your IP address, your pages viewed, preferences and technical data on your digital environment.
Why is your data collected?
Your data is processed on the legal basis of the conclusion and execution of your contract:
- For the management and tracking of your order;
- For invoicing and collection of payments;
- For complaints management and after-sales follow-up.
Your data is processed on the legal basis of MADININA LMC’s legal obligations:
- To comply with its accounting and tax obligations.
Your data is processed on the legal basis of the legitimate interest of MADININA LMC:
- For the management and improvement of the performance and functionality of the Site;
- For statistical analysis and Site activity;
- For quality studies and sales statistics of the Services offered;
- For the fight against fraud and the improvement of the security of the Site.
How long is your data kept?
Your data is kept for the entire duration of the contractual relationship that binds you to MADININA LMC. The data necessary for invoicing and accounting and tax obligations are archived for 10 years.
Who is your data transmitted to?
Your data may be transmitted to MADININA LMC employees, as well as to subcontractors called upon to intervene for the proper functioning of the Site: IT service providers (hosting, maintenance, security, etc.), payment providers, technical and logistics subcontractors, statistical analysis and communication consultants. Your data may be transferred to countries located outside the European Union. In this case, MADININA LMC must guarantee that this data is subject to protection substantially equivalent to that guaranteed in the European Union, either by virtue of an adequacy decision issued by the European Commission, or by implementing all appropriate measures, in particular by using the standard contractual clauses of the European Commission. You can request more information on these appropriate guarantees using the contact details provided below.
What are your rights?
You can access your personal data, rectify it, request its deletion or exercise your right to limit the processing of your data. You can also object to the processing of your data, for reasons relating to your particular situation, except in the case of commercial prospecting, to which you can object without giving any reason. You can withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent given before its withdrawal. You have the right to the portability of your data. You can issue directives concerning the retention, deletion or communication of your personal data after your death. Finally, you can file a complaint with the CNIL, on its website (www.cnil.fr) or by post (CNIL – Service des Complaintes – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07). To exercise your rights, please send your request to the following contact details: Mrs. Muriel PUYET
contact@domaine-madinina.mq Or use the form below:
Article 13. Cookies
MADININA LMC uses cookies and other tracers whose exclusive purpose is to enable or facilitate communication by electronic means or strictly necessary for the proper functioning of the Site. You can change your browser settings to block or delete cookies. Blocking cookies may alter the functioning of the Site.
Article 14. Force majeure
MADININA LMC cannot be held responsible for a delay or failure to fulfill its obligations caused by a case of force majeure, as usually defined by French courts.
Article 15. Amendments
MADININA LMC reserves the right to modify, at any time and without notice, these T&Cs, in particular to adapt to developments on the Site by making new features available or by removing or modifying existing features.
Article 16. Partial nullity
If one or more provisions of these T&Cs are declared null and void by application of the law, a regulation or a final decision of a French court, the other provisions will retain their full force and scope.
Article 17. Complaint – Mediation
1. Complaint For any complaint, you can contact MADININA LMC at the following contact details: VLA Embelli Joli Mont Nord, 97226 LE MORNE-VERT
Email: contact@domaine-madinina.mq
Telephone: +596 596 56 57 52 2. Mediation MADININA LMC adheres to the mediation service of the following Mediator: Tourism and Travel Mediator (MTV)
15 avenue Carnot
75017 PARIS For any dispute or disagreement not resolved after an initial amicable complaint to MADININA LMC, you have the possibility of resorting to the consumer mediation procedure of the Mediator. The solution proposed by the mediator is not imposed on the parties, who remain free at any time to exit the mediation process. The European Commission has also set up an online dispute resolution platform accessible at this address: https://ec.europa.eu/consumers/odr/
Article 18. Applicable law – disputes
This contract is exclusively subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
