General Conditions of Sale (GSC)
Preamble
These general conditions of sale (hereafter the “General Conditions of Sale”) shall apply within the framework of the Tour du Valat Foundation’s “Adopt a Flamingo” programme. The Tour du Valat Foundation (hereafter the “TDV”) is a research institute for the conservation of Mediterranean wetlands, and is recognized as a public interest foundation. It is based in Le Sambuc, 13200 Arles, accessible via www.monflamant.com (hereafter the “Site”).
The Adopter, as defined below, is invited to carefully read these General Conditions of Sale, which aim to define the contractual relationship between the Adopter and the TDV, the online conditions for adoption and the fee regulations, which may be accessed on this website: www.monflamant.com/concept.
The applicable General Conditions of Sale are those which are in force on the Site on the date of sponsorship. The TDV reserves the right to adapt or modify these General Conditions of Sale at any time.
Article 1 – Definitions
All of the following terms, which begin with a capital letter, whether used in the singular or plural, shall have the meaning as stated below:
“Adoption” means the financial sponsorship provided by the Adopter in support of the TDV’s flamingo conservation program. This support gives the Adopter the title of “Adopter of a flamingo.” The amounts of the different packages are shown on the Site. The applicable rate is the one in effect on the day of the order.
An “Adopter” is any person who makes an Adoption via the Site and has agreed to the General Conditions of Sale according to the terms of Article 3.2 below.
“General Conditions of Sale” means these general conditions, which define the terms of the donation and include the fee regulations attached thereto.
“Fee Regulation” means the fee regulation in which the TDV sponsorship packages are specified on this website: www.monflamant.com/concept.
Article 2 – Adoption package
2.1 – The online adoption packages are as follows:
- Adopt a mascot (25 €/year)
- Adopt a member of our families (50 €/year)
- Adopt your ideal flamingo (100 €/year)
In accordance with details that can be accessed on the Site at: www.monflamant.com/concept
2.2 – Use restrictions
Subject to the stipulations of these General Conditions of Sale, no sponsorship may be refunded.
2.3 – Delivery of compensation
The compensation offered in exchange for each package is proportional to the amount chosen. Each sponsorship is also deductible at a rate of 66% of the amount up to 20% of taxable net income (Article 200 of the French General Tax Code (CGI)). These tax advantages are offered to taxpayers in France. The amount of compensation and the tax receipt will be sent out by the TDV.
Article 3 – Terms of purchase
3.1 – Purchase arrangements
The Adopter shall choose the desired adoption package and create an online account. An adoption package for any flamingo shall have a minimum value of 25 euros.
Any Adoption shall be for a minimum term of one year.
The flamingos offered as different mascots or as individuals in families are actual flamingos. If the specified flamingo has disappeared, the TDV must replace it so that Adopters continue to receive updates; however, they shall be notified of the change. In the case of an adoption of an ideal flamingo, the Adopter shall receive an invitation by email to choose another flamingo according to the criteria of their previous choice (identical to those proposed in the ideal flamingo formula).
3.2 – Procedure for consent to the General Conditions of Sale
Confirmation of an Adoption via the Site constitutes final agreement and consequently the Adopter’s full acceptance of the entire General Conditions of Sale, which said Adopter shall acknowledge having been aware of in advance by ticking the corresponding box at the end of the order process prior to the validation of the donation.
3.3 – Payment arrangements
Payment can be made by credit card, PayPal, cheque or direct debit from a bank account.
Online payment via the Credit Agricole E-commerce service may be made exclusively by Visa, MasterCard or Maestro bank card, or Visa Electron. After the order is verified, the Adopter will be redirected to a secure payment server on which he or she must accept the General Conditions of Sale according to the above conditions, and make the online payment of the order using bank card references; these must include the card number, expiry date and security code on the back of the card. The confidential details (card number, expiry date) are encrypted, which means that they are not sent over the internet unencrypted. These banking data are not stored by the TDV under any circumstances. Such data are transmitted directly to the CREDIT AGRICOLE server, which is connected to the servers of the different banks.
The amount of the order will be charged to the Adopter’s bank account when the transaction is finally validated on the Site. The debit from a bank card is processed separately.
If payment is rejected by the payment centre, the transaction is automatically cancelled. Pursuant to Article L 121-20-4, 2 of the French Consumer Code, the Adopter does not benefit from the seven-day retraction period provided by Article L 121-20 of the Consumer Code.
Any purchase is firm and final: no cancellation or modification by the Adopter is possible after the payment has been confirmed.
When the order has been issued, the Adopter shall receive a purchase confirmation email and a payment confirmation email (transaction proof), which will be sent automatically through the secure payment system. The transaction document includes:
– “credit card payment”
– the date, time and amount of the transaction
If the online payment is made via PayPal, a secure credit card payment service, it is not necessary to have a personal PayPal account to make the payment. When the Adopter is redirected to the PayPal page to make the payment, he or she has the option of using a credit card to make the payment. The Adopter must then complete the fields concerning the bank card, as for any regular payment via the internet.
However, by subscribing to an adoption via paypal, the debits will be made thereafter automatically by this means of payment. It will be advisable to deactivate the automatic billing on the personal account paypal if it is not desired.
If payment is made by cheque, it will only be validated after the cheque is received by mail or by hand. In this case, the purchase confirmation will be sent by email after receipt.
If payment is made by direct debit from a bank account: the IBAN number must be provided, so that, in accordance with the standards of the Single Euro Payment Area (SEPA), we can send the Adopter a form (SEPA direct debit authorisation) that must be signed and returned to us. The Adopter must authorise the Tour du Valat Foundation through the appropriate “SEPA direct debit authorisation” document to deduct the amount charged from the bank account corresponding to the references transmitted by the Adopter under the authorisation (“direct debit authorisation”), which will be kept by the Tour du Valat. The Adopter is bound by the direct debit authorisation for as long as the bank details remain the same. Each debit will be debited from their bank account in accordance with the stated debit date. For each debit, a purchase confirmation will be sent by email after receipt.
3.4 – Order tracking
The Adopter can view the summary of orders at any time by logging on to their personal space.
Article 4 – Online payment security and protection of personal data
4.1 – Securing payments via e-transactions
The Site has a security system. The TDV uses E-transactions, the credit card payment solution offered by Crédit Agricole bank.
With this system, the card payment is made directly to the TDV account on the secure server of the Crédit Agricole bank.
The card number is never communicated to the TDV.
Exchanges are encrypted and secured through the SSL 3 (Secure Socket Layer) protocol on the internet, a protocol that has become a global standard and is used by major browsers.
4.2 – Personal data
See our Privacy Policy.
4.3 – Cookies
See our Privacy Policy.
4.4 – Customer service
An Adopter can send questions or request information by contacting: [email protected].
Article 5 – Liability
See our legal references for further details.
Article 6 – Intellectual property
See our legal references for further details.
Article 7 – Cancellation – Applicable law – Litigation
If one of the terms of the General Conditions of Sale is null and void according to a legal requirement in force or a final decision of a court, it shall be deemed void, without thereby causing the cancellation of the agreement or altering the validity of the other provisions. These General Conditions of Sale are subject to French law. The Adopter shall have 30 days to make a claim to the address listed in Article 8. After this time, such claim shall not be recognised.
In the event of a dispute, in the absence of a settlement within three months of the Adopter’s complaint by registered letter with acknowledgement of receipt, the administrative court of Marseille shall have sole jurisdiction.
Article 8 – Choice of domicile
For the execution of this agreement and any acts subsequent hereto or in consequence hereof, the parties choose as their domicile:
For the TDV: the head office of the Tour du Valat Foundation, Le Sambuc, 13200 Arles.
For the Adopter: the address indicated by the Adopter at the time of the transaction.