The present general conditions of sale (hereinafter the "General Conditions of Sale") apply to any contract concluded with the company APPMOBILEDITION, with a capital of 500 euros, registered in the Aubenas Trade and Companies Register under number 801 301 268, whose registered office is located at 70 Quai Doc Jules Bouvat, 07130 Saint-Péray (France).
These General Terms and Conditions of Sale may be modified at any time by APPMOBILEDITION, subject to informing the consumer.
Confirmation of the order by the Customer implies full acceptance without restriction or reservation of these General Terms and Conditions of Sale by the Customer, to the exclusion of any other document. The General Terms and Conditions in force at the time of confirmation take precedence over all previous versions.
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. APPMOBILEDITION reserves the right to modify its offer at any time, in particular by adding, modifying or removing Products.
The Products are presented as accurately as possible. The perfect representation of the Products on the Site cannot be guaranteed, in particular due to differences in the rendering of colours or materials by Internet browsers and/or display monitors.
Product prices are quoted in Euros and include all taxes. Delivery charges are not included in the indicated price, unless otherwise stated.
APPMOBILEDITION reserves the right to modify the price of the Products at its convenience. The pricing conditions in force on the date of validation of the order by the Customer shall apply.
The Customer can place the order on the following Website : park4night.com/shop/
For placing the order, the Customer must create his or her online account first. The Customer must provide personal information, such as his/her full name, e-mail address and date of birth. The Customer must ensure that the e-mail address communicated is valid and check the filtering rules of their e-mail in order to avoid e-mails being considered as SPAM.
The Customer chooses a personal and confidential password to identify him/her and secure his/her online space. The user must take the necessary measures and precautions to guarantee the security of their online account. The Customer only is responsible for the use of his/her Account. Any connection or transmission of data using their password will be considered to have been made by the Customer and under their responsibility. If the Customer forgets his/her password, he/she may report this by clicking on the "Forgotten password" link. An e-mail will then be sent to the e-mail address given in the Customer's Account with a new password.
The information provided by the Customer to APPMOBILEDITION must be exact, complete and up to date. The Customer may update his/her information by accessing his/her Account.
The Customer must add the Products he/she wishes to purchase to the basket. The Customer has the opportunity to check the details of the order and its total price before finally confirming the order, and to make any changes if necessary. Once the order has been placed, the Customer will no longer be able to modify the delivery information. The Customer must therefore ensure that the information is correct before validating the order.
Validation of the order by the Customer implies acceptance of these General Terms and Conditions of Sale. To validate the order, the Customer acknowledges having read them and must accept them by ticking the box "I have read and accept the General Terms and Conditions of Sale". By accepting the GCS, the Client will once again be acknowledging his/her majority.
APPMOBILEDITION will send by e-mail, as soon as possible, an order confirmation containing the substantial elements (order number, Products ordered, place of delivery, etc.).
If one or more products ordered are not available, the Company undertakes to inform the Customer by e-mail as soon as possible. The order may then be cancelled and the Customer refunded. A new delivery date may also be offered to the Customer, subject to subsequent availability of the Product.
Payment is made in euros exclusively and in full when the order is placed, by credit card.
The following credit cards are accepted: Carte Bleue, Visa and Mastercard. As part of its efforts to combat Internet fraud, the Website may be required to verify the bank details and/or identity of Customers prior to any delivery.
The invoice sent to the Customer will include the details entered by the Customer in his/her Account. The information provided may not be modified in any way after the invoice has been issued.
Delivery is available in Europe, Switzerland and the United Kingdom. Delivery will be made to the Customer's home address. The type of transport, the delivery time and the related costs will be specified when the order is placed, depending on the place of delivery and the nature of the Products ordered. Products are delivered by La Poste within 4 working days. The Customer may also go to the Park4Night shop to collect his/her order by presenting proof of identity.
The impossibility for the Company's carriers to deliver the Products on the agreed date, in the event of the Customer's absence or lack of information on the need to use specific means of delivery, may give rise to the payment of additional delivery charges and/or cancellation of the order by the Company.
The risks of the Product are transferred to the Customer when delivery is made by the Company's carriers. Each delivery is deemed to have been made when the Product is made available to the Customer by the carrier, as evidenced by the control system used by the carrier.
At the time of delivery, the Customer must carry out all necessary checks to detect any damage, shortages, defects or other apparent faults in the Products delivered with the order.This inspection must cover the quantities and condition of the Products delivered.In particular, the Customer must check the condition of the packaging, the number of packages and the quantities, references, condition and characteristics of the Products.Where applicable, the Customer may refuse a parcel at the time of delivery if he/she notices an anomaly concerning the delivery.
In the event of a complaint, the Customer must be in a position to provide any justification as to the reality of the complaints invoked and allow the Company every facility to proceed with their ascertainment. Complaints accepted by the Company will give rise to the exchange of the Product concerned, or its refund in the event of the Product not being available in stock.
The Customer, to the exclusion of the non-professional Customer, within the meaning of the French Consumer Code, benefits from a right of retraction which may be exercised within a period of fourteen (14) days from the date on which the Customer or a third party other than the carrier and designated by the Customer, takes physical possession of the product. Once the Customer has notified APPMOBILEDITION of its wish to return the product in an unambiguous statement, it must return the product within fourteen (14) days without having to give any reason, and request reimbursement without penalty, with the exception of the return costs which will be paid by the Customer. The refund will be made using the same means of payment as chosen by the Customer for the initial transaction.
The cost of returning the Products will be paid by the Customer. For the return to be accepted, the returned Product must be in perfect condition, in its original packaging. No unsolicited returns will be accepted.
Only unopened and unused Products, in their original condition and packaging, accompanied by all the accessories and documents that were initially included in their packaging, as well as their purchase invoice, may be returned in exercise of the right of withdrawal.
Consumer customers can use the model form below:
I would like to inform you of my intention to return the following product/to withdraw from the following service:
Name of the Consumer:
In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised for computer software when it has been unsealed by the consumer after delivery, or for the supply of digital content without a physical medium. If you are in one of these two situations, please read the aforementioned article to find out how it applies.
As specified in article L217-5 of the French Consumer Code, goods are compliant if they are "fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law, as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned" and if they "correspond to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account, where applicable, any provisions of European Union law and national law, as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned"; and if it "corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, which the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods and to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling".
In accordance with articles L.217-4 and following of the French Consumer Code, the saler is required to deliver goods that comply with the contract entered into with the Customer and to be liable for any defects in conformity that exist when the Product is delivered. The guarantee of conformity may be exercised if a defect exists on the day on which the Customer takes possession of the Product.
In the event of non-conformity of the Product, the Customer must inform the Company by contacting Customer Services by e-mail at firstname.lastname@example.org.
Points of interest for GPS must only be installed on private GPS units for personal use. They must not be resold to anyone else.
The Company offers a number of services to its customers, including advanced features on its application compared with the free version.
The Customer can place an order online on the park4night.com/en website.
APPMOBILEDITION undertakes to provide access to various functionalities such as :
The applicable prices are those mentioned on the "park4night +" tab.
No discount, rebate or cashback shall be granted to the Customer, unless otherwise stated by APPMOBILEDITION.
Prices are firm and final and are quoted in euros.
The price is payable in euros online by credit card. Two offers are proposed by APPMOBILEDITION: Is an annual payment of 9.99euros per year.
The obligations defined in this contract take effect from the date of payment by the Customer.
The monthly payment commits the Customer for one month, and the annual subscription for one year. At the end of the contract, it will be tacitly renewed for a period of the same duration unless one or other of the parties has notified the other party of its wish not to renew the contract. The customer may terminate the monthly or annual subscription at any time.
APPMOBILEDITION gives great importance to protecting and respecting the privacy of its Clients and their personal data and undertakes to comply with the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD).
Customers may exercise their individual rights under the RGPD by writing to email@example.com, giving their contact details (surname, first name, email address, telephone number).
APPMOBILEDITION shall not be held liable for any failure to perform the contract due to an event of force majeure. With regard to the Products purchased, the saler shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result thereof. The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, may not give rise to any compensation, reimbursement or liability on the part of the saler, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Customer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with article L 221-18 and following of the Consumer Code.
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
The fact that one of the Parties has not requested the application of any clause in these General Terms and Conditions of Sale, whether permanently or temporarily, may under no circumstances be considered as a renunciation of that Party's rights arising from the said clause.
These General Terms and Conditions of Sale are governed by French law. The French courts shall have exclusive jurisdiction over any dispute relating to the performance of these Terms and Conditions.
In the event of a dispute between the parties, the Customer shall have recourse to mediation or conciliation before going to court.