“Terms & Conditions of Sale” or “T&C” refers to the present terms and conditions of sale covering the use of the Website and the terms and conditions for booking Adventures or purchasing Gift Cards.
“Customer” refers to any person or entity making one or more for Adventure bookings or purchasing Gift Cards.
“Booking(s)” refers to the Customer’s reservation(s) for an Adventure service on the Website.
“Adventure(s)” refers to a rental service for an all-terrain electric scooter, on specific routes, with or without a guide.
“Order(s)” refers to the Customer’s confirmed agreement(s) to acquire one or more of the Gift Card(s) that are available on the Website.
“Content” refers to all the content (text, sounds, videos) owned by ONE UP TOUR and posted on the ONE UP TOUR Website.
“Personal Data” refers to any information(s) relating to an identified or identifiable person, whether directly or indirectly, in particular by referring to an identifying detail, such as a name, an identification number, location data, an online login name, or one or more specific elements concerning their physical, physiological, genetic, psychological, economic, cultural or social identity.
“Website” refers to the ONE UP TOUR online store which is accessible from any terminal (including mobile and tablet) using the address www.oneuptour.com from which Users can book an for Adventure or purchase a Gift Card;
“User” refers to any person, whether or not they are a Customer, who visits or consults the Website.
2. The oneuptour.com website
The Website is edited by ONE UP TOUR, a limited liability company with a capital of €5,000 registered on the Auxerre Trade and Companies Register (Registre du Commerce et des Sociétés d’Auxerre) under number 893 191 759. Its head office is located at 6 rue du Four 89800 Chablis (France) and represented by Patrick Thunevin (hereinafter referred to as “ONE UP TOUR”).
Customers accept the T&C when they book an Adventure or place an Order. The T&C are available to all Users at any time on the Website.
By accessing the Site, Users acknowledge that they have read and understood the T&C and agree to be bound by them.
ONE UP TOUR reserves the exclusive right to modify the T&C at any time. The applicable T&C are those that have been accepted by the Customer when they place an Order(s) or book an Adventure(s).
3. Booking an Adventure
ONE UP TOUR offers several different Adventures that Customers can book online. The Customer completes a booking form. The booking is only confirmed when the Customer receives a confirmation email from ONE UP TOUR.
See the Rental Agreement for information on how the Adventures are organised.
4. Ordering a Gift Card(s)
Gift Cards are ordered on the Website. The Customer receives a confirmation of the order by e-mail. Gift Cards are unassigned and the Customer can offer it to the recipient of their choice.
For the terms and conditions that apply to the Adventures, please refer to the Rental Agreement.
Gift Cards apply to Adventure services only.
4.1. Creating an account
Users can create an Account before placing an Order by choosing a password.
If an Account is created, the User will receive an email from ONE UP TOUR confirming that the account has been created.
The Customer then signs in using their password. Users’ passwords are strictly personal and confidential. ONE UP TOUR recommends that Users change their passwords regularly, and choose complex passwords that include letters, numbers and characters. Users should not share their password with other people. Users are responsible for the loss or theft of their password if it is proven that they have committed a fault that can be attributed to them. In this case, Users must inform ONE UP TOUR promptly.
4.2. Terms and conditions for using a Gift Card(s)
Gift Cards allow the recipient to enjoy one (or more) of our Adventures. A Gift Card is valid only once and should be used in full within the limit of its value. If the Gift Card holder wishes to redeem their Gift Card with other people, they may book additional Adventures on the website and pay the supplement at the time of the Adventure using other means of payment accepted by ONE UP TOUR.
The Gift Card is valid for one (1) year from the date of purchase. It is valid only for an Adventure service provided by ONE UP TOUR.
The recipient must book the ONE UP TOUR Adventure a week before the desired date of the Adventure using the information on their Gift Card, by email or telephone.
The Gift Card cannot be exchanged for any form of a monetary compensation, whether totally or partially, including cash, transfer or deposit to a bank account, nor be applied to receive any sort of discount.
4.3. Payment to complete the Order
Before finalising the Order and making the purchase, the User is directed to a website which provides details about how to use the selected Gift Card(s). At that point, modifications can still be made to the order.
Before proceeding to payment, the User must complete the billing information.
Gift Card(s) may be purchased using a credit card (MasterCard, Visa and American Express) through technical service providers such as Stripe. For more details on terms of payment, please see Article 8 of these T&C.
The Order will only be processed by ONE UP TOUR once the Customer has completed the payment process.
4.4. Order confirmation by ONE UP TOUR
After placing the Order, the Customer will receive a confirmation email with all the details of the sales contract that has been established between the Parties.
This information constitutes proof with regards to the authentic nature, content and date of the Order placed by the Customer, which they expressly accept.
4.5. RReceipt of the Gift Card
Once the order has been completed and confirmation received from ONE UP TOUR, the Customer can print out the Gift Card
5. Conditions of purchase & Customer guarantees
To place an Order, the Customer, if he or she is a natural person, must be an adult (or a minor over sixteen years of age having placed the Order with their legal representatives) and legally capable of entering into a contract.
If the Order is made on behalf of an entity, the Customer declares and guarantees that they are authorised to place the Order on the entity’s behalf. In this case, the Customer undertakes to purchase the Gift Card(s) for personal use and not to resell it to third parties.
Any Order which violates these terms will be null and void.
When a Customer confirms an Order, they submit to ONE UP TOUR’s offer to purchase one or more Adventures placed in their shopping basket. ONE UP TOUR reserves the right to refuse, cancel or terminate Orders at any time if the circumstances require it, especially in the event of a violation of the T&C or attempted fraud.
6. Information about the Gift Cards available on the Website
The Gift Cards available for sale are those which appear on the Website and can be the object of an Order.
The User is invited to read the description of each Gift Card carefully in order to understand what purchasing the Gift Card entails.
7. Gift Card prices
The price of the Gift Cards cannot be modified. Gift Cards will be invoiced on the basis of the rate in effect at the time the Order is confirmed.
Prices are net, in euros, and include all taxes.
Under no circumstances do the prices appearing on the Site when placing an Order engage the responsibility of ONE UP TOUR on future orders. ONE UP TOUR may modify the price of Gift Cards at any time and without notice.
If between the placing of the order and the day of the Adventure, the price of the Gift Card(s) were modified by ONE UP TOUR, the modification would not be applicable to the holder of the Gift Card.
8. Payment of Gift Cards and billing
The Customer must pay for their Order in full using a credit card, via a technical service provider such as Stripe.
To proceed with the payment, the Customer will enter their card details through the technical service provider tasked with online payment processing. Transactions made by credit card are secure.
If the payment authorisation is rejected, ONE UP TOUR will suspend the Order and the Customer must contact the card issuer responsible for the rejection directly.
All invoices are dated on the day the Order is placed. The invoice is sent by email to the Customer on request.
9. Right to withdraw for non-professional Customers
In accordance with current legal provisions (Article L221-18 et seq. of the Consumer Code), the Customer has a period of fourteen (14) days from the actual order of the Gift Card to exercise their right to withdraw from a contract that has been entered into online, without the need to provide a reason for their decision.
To exercise their right of withdrawal, the Customer must send a copy of the withdrawal form below or a written declaration clearly stating that they wish to withdraw from the contract with ONE UP TOUR to the following address:
ONE UP TOUR – 6 rue du Four, 89800 Chablis, France.
The Customer must return the withdrawal form specifying the Gift Card number within fourteen (14) days following the communication of their decision to withdraw.
If the Customer decides to exercise their right of withdrawal within the aforementioned period, and in accordance with the provisions in Article L221-24 of the Consumer Code, the amount of the Gift Card will be refunded to the Customer.
The refund will be made by ONE UP TOUR at the latest within fourteen (14) days of receipt of the Gift Card (s) by ONE UP TOUR. The refund will be made by cheque or bank transfer. In the case of a bank transfer, a copy of the Customer’s bank details must be attached to the withdrawal form.
The withdrawal form template must be copied and returned by registered letter with acknowledgment of receipt, at the Customer’s expense to:
ONE UP TOUR
6 rue du Four, 89800 Chablis, France.
I hereby notify you of my withdrawal from the contract for the purchase of the Gift Card(s) below:
Order No._________________ relating to the purchase of the following Gift Card(s)
NAME OF THE GIFT CARD (S) CHOSEN: _________________________
GIFT CARD(S) NUMBER: ______________________
Order date: _______________
Customer’s full name: __________________________
Customer’s address: ________________________________________________
10. Responsibilities and guarantees
The Customer is wholly responsible for any payment incident. The Customer promises ONE UP TOUR that they are authorised and able to settle the total payment amount of any Order they place.
ONE UP TOUR under a liability of means, will not be responsible for any difficulties with the internet network or difficulties with the hosting of the Website and more generally for any technical interruptions that may occur on the Website.
Access to the Website may be interrupted for technical reasons beyond the control of ONE UP TOUR.
If ONE UP TOUR should be held liable for any reason whatsoever, the maximum amount to which ONE UP TOUR could be held liable may in no case exceed the amount of the Order.
For more information, please contact ONE UP TOUR at: firstname.lastname@example.org tel +33 (0)6 79 95 51 75
12. Intellectual property rights
The Website is a work of intellectual property and is therefore protected by intellectual property law. The Website is the exclusive property of ONE UP TOUR.
Any reproduction or representation, in whole or in part, of the Site or any of the elements it contains, on any medium whatsoever, for other purposes, and in particular commercial, is expressly prohibited.
ONE UP TOUR is not responsible for the content, advertising, products or services available on or from websites that include links to the ONE UP TOUR Website.
13. Force Majeure
The parties cannot be held responsible for a breach of any of their obligations under the contract which may result from the occurrence of a force majeure event, as defined by the jurisprudence of the French courts.
Neither the Customer nor ONE UP TOUR will be responsible for any defect or delay in performance caused by reasons beyond its control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural disasters or further regulation or acts of any authority or civil or military act of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts committed by third parties. This is a non-exhaustive list.
14. Final stipulations
If ONE UP TOUR does not claim one of the stipulations in the T&C, that cannot be considered or interpreted as a waiver.
If one or more stipulations of the T&C are declared invalid, the others still retain their significance and relevance. In this case, the parties must, if possible, replace this cancelled stipulation by a valid stipulation in line with the spirit and the object of the other T&C.
These T&C are governed by French law. The French language version of the T&C of sale prevails over any other version.
In the event of a dispute, non-professional Customers may resort to mediation or any other alternative dispute resolution method.
These terms and conditions are governed by French law.
In the event of a dispute, action, conflict or contestation arising from, relating to or having any connection with these terms and conditions of sale, the competent court will be that of the registered office of the Rental company to which the parties attribute exclusive jurisdiction.