Between the company PONGH! SAS, 1 Allée du Parc, 11300 Saint-Martin-de-Villereglan, France, registered with the Trade and Companies Register (Registre du Commerce et des Sociétés) of Carcassonne, SIRET number 790 473 169 00031, represented by Mr Mischa Harmeijer in his capacity as President duly authorised for the purposes of these terms — hereinafter the "Seller" or the "Company". The Company may be contacted via the Contact page of the website.
Of the first part, and the natural or legal person purchasing products or services from the Company, hereinafter the "Buyer" or the "Customer", of the second part, the following has been set out and agreed:
The Seller publishes PONGH! SAS products and services intended exclusively for consumers, marketed through its website (mischaharmeijer.com). The list and description of the goods and services offered by the Company can be consulted on this website.
These General Terms and Conditions of Sale ("GTC") set out the rights and obligations of the parties in connection with the online sale of products and services offered by the Seller. They apply to all sales made through the website and form an integral part of the contract between the Buyer and the Seller.
The Seller reserves the right to amend these terms at any time by publishing a new version on the website. The GTC applicable are those in force on the date the order is paid for. They can be consulted at mischaharmeijer.com/en/conditions-generales-de-vente/. Their acceptance is required, clear and unreserved, by means of a checkbox at the time of ordering.
The Customer declares to have read and to accept these GTC without restriction, to be legally capable of entering into a contract under French law, and acknowledges that the information recorded by the Company constitutes, unless proven otherwise, evidence of all transactions.
The prices of products and services are shown in euros, inclusive of all taxes, on the order pages. The Company reserves the right to change its prices at any time for the future; the price applicable is the one displayed at the time of ordering. Delivery charges, where applicable, are shown separately before the order is confirmed.
The Customer follows these steps to place an order: information on the essential characteristics of the product or service; selection of the product and entry of the Customer's details; acceptance of these GTC; review and correction of the order details; payment; confirmation. The Customer then receives a confirmation by email. The Seller reserves the right to refuse an order for any legitimate reason (abnormal request, bad faith, etc.).
The essential characteristics of the products and services, and their prices, are made available to the Customer on the website, in French. The Seller undertakes to fulfil the order within the limit of available places or stock; failing this, the Customer is informed. Illustrations and photographs have no contractual value. In accordance with legal provisions, the Seller refunds or exchanges products that are defective or do not correspond to the order.
The products remain the property of the Company until the price has been paid in full.
Books ordered are shipped to the address given at the time of order, within the announced timeframe (excluding preparation time). In the event of delay, the Customer may terminate the contract under the conditions set out in the French Consumer Code (Code de la consommation); the Seller then proceeds with the refund. Risk of loss or damage passes to the Customer at the moment the Customer takes physical possession of the products.
Orders are processed within the limit of available places or stock. In the event of a lasting unavailability, the Customer is notified and may request cancellation, a credit note, or a refund for the item concerned.
Payment is due immediately upon ordering. Payment is made by credit/debit card, via the secure payment platform Sogécommerce (Société Générale). No banking data is stored on the Seller's website.
In accordance with Article L. 221-18 of the French Consumer Code (Code de la consommation), the consumer has a period of fourteen days to exercise the right of withdrawal on goods ordered (books), without having to justify any reason. This period runs from receipt of the goods. Only the price of the product and the initial shipping costs are then refunded; return costs remain payable by the Customer. The product must be returned in its original condition.
No right of withdrawal for event tickets. In accordance with Article L. 221-28 of the French Consumer Code (Code de la consommation), tickets for events (public sessions, training courses, consultations) are not subject to a right of withdrawal. A ticket cannot be refunded, even in the event of loss or theft, nor taken back, nor exchanged — except where the event is cancelled by the organiser. It may not be resold. Proof of identity may be requested at entry if the ticket is issued in a named holder's name.
In accordance with the law, the Seller bears the warranty of conformity and the warranty against hidden defects for the products sold, and refunds or exchanges products that are defective or do not correspond to the order.
The trademarks, domain names, products, images, videos, texts, or any other information subject to intellectual property rights appearing on the website are and remain the exclusive property of the Seller. Any reproduction, modification, or use, in whole or in part, is strictly prohibited without authorisation.
The performance of the Seller's obligations is suspended in the event of a fortuitous event or force majeure preventing such performance. The Customer is informed as soon as possible.
Should any provision of these GTC be declared void, such invalidity shall not entail the invalidity of the other provisions, which shall remain in force.
In accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act (loi Informatique et Libertés), the Customer has the rights of access, rectification, objection, restriction, and erasure regarding personal data concerning them, which may be exercised via the Contact page. The data collected when an order is placed is used exclusively for the performance of the contract (order processing, invoicing, follow-up). With the visitor's consent (banner shown at the bottom of the page), an advertising tracker (Meta pixel) measures the effectiveness of Facebook/Instagram campaigns; without this consent, only a technical cookie necessary for the site to function is used.
Photographs and videos may be taken by the organiser during events (public sessions, evenings, training courses) and used afterwards for communication purposes (website, social media, advertising), without giving rise to any right to remuneration. Any person appearing in an identifiable manner in such material may request its removal via the Contact page.
These general terms and conditions of sale, together with all purchase and sale transactions referred to herein, are governed by French law.
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