General Conditions of Sales & Use
Last update : 11/11/2023
(Format DD/MM/YYYY)
FAUN EVENTS General Terms and Conditions
PREAMBLE
The purpose of the present General Terms and Conditions is to define the terms and conditions under which FAUN EVENTS provides the SERVICES to USERS via its website https://www.fauntastic.eu in the context of potential participation in the FAUNTASTIC event offered by FAUN EVENTS.
These conditions are intended for consumers who have full legal capacity in their country of residence.
Any use of one of the SERVICES offered by FAUN EVENTS shall be made in compliance with these General Terms and Conditions of Sale and Use.
Access to the entire public facade of the FAUNTASTIC sites (https://www.fauntastic.eu and https://www.registration.fauntastic.eu) is free of charge, with no obligation to purchase. These sites constitute the public IT part of the SERVICES available, including the Internet sites and all their internal ramifications.
Any connection to the sites is subject to compliance with these terms and conditions and their acceptance by the USER.
Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be construed to the detriment of the party drafting them.
ARTICLE 1 – DEFINITIONS
FAUN EVENTS: Association organizing the FAUNTASTIC event.
FAUNTASTIC: Name of the event held by the FAUN EVENTS association.
USER: The title of user corresponds to any person browsing our website free of charge, whether anonymously or not.
NON-MEMBER: The title of non-member corresponds to any user browsing our website free of charge, anonymously and without obligation to register.
MEMBER: The title of member corresponds to any free, non-anonymous user who has registered on our site. This includes people who have placed orders for physical goods delivered to their homes.
PARTICIPANT: The participant is a member who has confirmed his or her participation in the event by paying the invoice for his or her FAUNTASTIC event pass.
GOOD: A physical good offered for sale on the FAUNTASTIC event website.
SERVICE: The service constitutes here mainly the offer of accommodation in a hotel residence, which may also include meals or other services.
ARTICLE 2 – INTELLECTUAL PROPERTY RIGHTS
The general structure of the FAUNTASTIC site, as well as the texts, graphics, images, sounds and videos that make it up, are the property of the publisher or its partners.
Any representation, reproduction, partial or total exploitation of the contents and SERVICES offered by the site, by any process whatsoever, without the prior written authorization of the President of the Association, is strictly forbidden. This would be likely to constitute an infringement within the meaning of articles L.335-2 and L.122-5 of the French Intellectual Property Code.
The USER acknowledges that FAUN EVENTS is the sole owner of the Intellectual Property Rights present on all SERVICES provided.
Nothing in these General Terms and Conditions of Sale and Use may be interpreted as granting the USER a license to the Intellectual Property Rights, which FAUN EVENTS may own or have the exclusive right to use.
FAUN EVENTS only grants authorization to view its content on a personal and private basis, to the exclusion of any public viewing or distribution.
Consequently, any unauthorized representation, reproduction or extraction by FAUN EVENTS of the content or its website as well as any other Intellectual Property Rights is strictly forbidden under penalty of prosecution.
The offender is liable to civil and penal sanctions, in particular the penalties provided for in articles L.335.2 and L.343.1 to L.343.7 of the French Intellectual Property Code.
FAUN EVENTS undertakes and guarantees that it has all the necessary rights to design, manufacture, produce or sell the GOODS and SERVICES.
In particular, FAUN EVENTS undertakes and guarantees that it is the sole owner of the intellectual property rights relating to the GOODS produced and that these GOODS, their design, manufacture, production, offer for sale, sale and marketing do not infringe the intellectual property rights of third parties (infringing products and/or projects).
In this respect, FAUN EVENTS guarantees to make its own arrangements for the transfer of intellectual property rights to any designers, artists, craftsmen, subcontractors, service providers or other third parties who may have created or collaborated in the design and/or production of these GOODS.
All quotations, invoices, drawings, plans, models, descriptions and working documents remain the exclusive property of FAUN EVENTS. Their communication to other companies or third parties is forbidden and liable to damages.
ARTICLE 3 – GENERAL
The MEMBER undertakes to have full legal capacity to commit to the present General Terms and Conditions of Sale and Use and to enter into contracts in order to obtain the status of PARTICIPANT, once all payments required for the acquisition of this status have been made.
FAUN EVENTS undertakes and guarantees to have full legal capacity to enter into contracts under these General Terms and Conditions of Sale and Use. FAUN EVENTS also undertakes to comply with the laws and regulations in force relating to its activity.
FAUN EVENTS undertakes to provide accurate and complete information regarding the identity of its legal representative, its contact details and in particular its surname, first name, e-mail address, postal address and its activity. FAUN EVENTS also undertakes, if necessary, to update this information.
The MEMBER undertakes to provide accurate and complete information regarding his identity and contact details, in particular his surname, first name, e-mail address and postal address. The MEMBER or PARTICIPANT also undertakes, where applicable, to update his information.
The MEMBER acknowledges and expressly accepts that his e-mail address will be used for the exchange of information and the conclusion and execution of contracts with FAUN EVENTS.
As such, the MEMBER undertakes to provide a functional e-mail address and to consult his/her e-mail box throughout the conclusion and execution of said contracts.
FAUN EVENTS undertakes to electronically provide delivery times for GOODS and SERVICES in accordance with articles L.111-1 of the French Consumer Code.
FAUN EVENTS also undertakes to inform the MEMBER by e-mail of any delay in the delivery of the GOODS or SERVICES ordered.
The acquisition of a Pass for FAUNTASTIC implies adherence to the rules and regulations of the event venue. The PARTICIPANT will comply strictly with the FAUN EVENTS rules and regulations as well as the present General Conditions of Use, failing which he/she will be held liable.
Upon registration to the event, the MEMBER will receive a unique registration number.
This number allows the identification of the MEMBER and access to the details of his order.
The registration numbers will also be used to carry out checks at the event venue, in order to ensure access to the event and to deliver the purchased GOODS.
The MEMBER who becomes a PARTICIPANT must therefore be in possession of an official, valid photo ID (identity card, passport, driver’s license or residence permit) to present to the FAUN EVENTS teams.
Information on the FAUNTASTIC site or in communications tools may contain typographical errors, inaccuracies or omissions. FAUN EVENTS reserves the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the FAUNTASTIC sites or in the communications tools is erroneous or missing. And this at any time and without notice (including after the MEMBER has placed an order).
The MEMBER agrees to indemnify, defend and hold harmless FAUN EVENTS, partners, officers, service providers, subcontractors, suppliers and members, from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the MEMBER’s breach of these Terms and Conditions of Sale and Use or the documents to which they refer, or the MEMBER’s violation of any law or the rights of a third party.
ARTICLE 5 – ORDERS
The USER must be of legal age or have authorization from his/her legal guardian before making a purchase from FAUN EVENTS. The USER must have full legal capacity in his country of residence and have reached the age of majority in France at the time of the event.
The MEMBER agrees to pay for the GOODS and SERVICES ordered.
In the case of payment by bank transfer, the MEMBER undertakes and guarantees to have the necessary authorizations to use this means of payment.
FAUN EVENTS undertakes to honour all orders for GOODS or SERVICES within the deadlines and will inform the MEMBER in the event of any delay.
However, FAUN EVENTS may refuse an order if it is placed in an abnormal manner or in bad faith or for any other legitimate reason. In particular, when there is a dispute or disagreement with the MEMBER concerning the payment of a previous order.
Within the framework of the purchase of a place for the FAUNTASTIC event, the MEMBER, once the payment has been made by the latter and therefore his participation has been validated (title of PARTICIPANT), will sign a temporary membership to the FAUN EVENTS association by digital means or at the venue of the event for the duration of the latter. This will enable him/her to benefit from all the private advantages of the event.
Certain GOODS or SERVICES may be available exclusively online on FAUNTASTIC’s websites. These GOODS or SERVICES may be available in limited quantities.
FAUN EVENTS reserves the right, but is not obliged, to limit sales of GOODS or SERVICES to any person, and in any geographical region or jurisdiction. FAUN EVENTS may exercise this right on a case-by-case basis.
FAUN EVENTS reserves the right to limit the quantities of any GOODS or SERVICES or to stop offering them at any time.
All descriptions of GOODS as well as their prices may be modified at any time without prior notice, at the sole discretion of FAUN EVENTS.
FAUN EVENTS reserves the right to refuse any order placed on the site.
The MEMBER is informed, in real time, when placing his order, of the availability of the desired GOODS and SERVICES.
In the event of unavailability of all or part of the GOODS or SERVICES desired by the MEMBER in the category indicated, alternative solutions will be proposed to him after having informed him, and subject to the availability of said alternatives in this other category.
ARTICLE 6 – PAYMENT
Payment by the MEMBER is made on the site either by credit card (according to availability) or by bank transfer to the bank account number communicated by FAUN EVENTS.
To this end, the MEMBER acknowledges and accepts that payment will be made as follows:
By credit card (subject to availability), the full amount must be paid within 15 minutes. If this sum is not paid within 15 minutes, the basket will be reinitialized and the MEMBER will have to restart his selection.
Except for exceptions previously communicated by FAUN EVENTS, in particular for members participating in the organization of the FAUNTASTIC event, the MEMBER pays the total price in a single payment (bank transfer) within 14 days of registration and following the information provided on the site and by official communication from FAUN EVENTS.
No payment made prior to the opening of the REGISTRATION will be taken into account and any amount received in this respect will be returned to the holder.
If the MEMBER fails to make payment within the aforementioned 14-day period, he/she will be notified by e-mail of a brief period of a few days in which to make payment. In the absence of payment within this short period, the MEMBER’s participation will be cancelled and the place will be put back on sale.
ARTICLE 7 – REIMBURSEMENT TERMS
Although the law authorizes FAUN EVENTS to refuse all requests for refunds for the provision of “accommodation SERVICES, other than residential accommodation, transport services for GOODS, car rentals, catering or leisure activities that must be provided on a specific date or at a specific time” in accordance with Article L.221-28 of the French Consumer Code, FAUN EVENTS grants a 14-day grace period for requests for retraction following the order.
The right of withdrawal must be exercised no later than 14 days after the order. It gives rise to a refund of all sums paid when ordering as soon as possible and no later than 14 days from the date on which you exercised this right.
A refund will be returned to the MEMBER making the request (see section “refund procedures”).
After this period, no refund will be granted.
This right of retraction can be exercised by sending a message to the following e-mail address registration@fauntastic.eu
Once the case has been processed, the MEMBER or PARTICIPANT will receive a form to be completed and returned, dated and signed, to the same e-mail address.
This form entitles the PARTICIPANT to reimbursement of amounts already paid within 14 days of receipt of payment.
Any withdrawal request that does not respect the legal deadline or does not provide sufficient information will not be taken into consideration.
The MEMBER or PARTICIPANT acknowledges and accepts that he/she no longer has the right of withdrawal once the legal deadline has passed.
Delivery of physical GOODS only (ordered on the site and sent to the MEMBER’s physical address):
In accordance with articles L.121-21 and L.221-18 of the French Consumer Code, the MEMBER who has placed an order for physical goods has the legal right of withdrawal within 14 days. Any retraction request that does not respect the legal deadline or does not provide sufficient information will not be taken into consideration.
The MEMBER will then have 14 days to return, at his own expense (with parcel tracking number), the goods he has received, from the date of sending his retraction form, and will receive his reimbursement (including initial delivery costs) within the same period.
Refunds will be made by bank transfer to the same payment method used at the time of purchase.
If any information is missing or incomplete, the Treasurer of the FAUN EVENTS Association may contact you directly.
For purchases related to the FAUNTASTIC event, where expenses are incurred with our partners, the MEMBER or PARTICIPANT will be charged 35€ on his reimbursement.
In the event of definitive cancellation of the event, reimbursement of the participation price will only be made to the original purchaser. In addition, requests for reimbursement must, in order to be admissible, be accompanied by an up-to-date bank statement and be made within a maximum of 2 months following the cancellation of the event. Any request that does not meet these conditions will be rejected. Cases of force majeure are reserved.
ARTICLE 8 – PRICING / RATES
The characteristics of the GOODS and SERVICES offered for sale are presented on the site (https://www.fauntastic.eu/) in euros all taxes included (French), other taxes may be applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the GOODS and SERVICES offered.
Prices include order processing costs.
Prices may vary over time without notice. However, such changes will be announced in advance, and it is the USER’s responsibility to keep abreast of site news.
This does not apply to USERS with MEMBER or PARTICIPANT status who have already paid for all or part of their current order at the time of the price revaluation.
No request for a discount will be granted once the price has been re-evaluated.
ARTICLE 9 – AFTER-SALES SERVICE AND RESALE
For all contact requests concerning after-sales service, please send an e-mail to: registration@fauntastic.eu
When writing the e-mail, please provide the order number/invoice number associated with the GOOD or SERVICE in question.
With regard to the resale of Convention Passes, it is strictly forbidden to resell tickets at a higher price than initially purchased, in accordance with article 313-6-2 of the French Penal Code.
Passes for access to the FAUNTASTIC event organized by FAUN EVENTS are nominative, but remain transferable, insofar as the seller and buyer of Passes must contact the event’s registration team at the e-mail address registration@fauntastic.eu to put the registrations in order and finalize the transfer of Passes.
Failure to comply with these conditions may result in penalties for both seller and buyer.
ARTICLE 10 – ARCHIVING AND ACCESS TO CONTRACTS
Purchases are archived on a reliable and durable medium.
Any validated order constitutes irrevocable acceptance of the General Terms and Conditions of Sale and Use and of payment.
The data recorded by FAUN EVENTS at the time of the order constitutes proof of all transactions between a MEMBER and FAUN EVENTS. The data recorded by the bank constitutes proof of financial transactions.
ARTICLE 11 – LIABILITY
The FAUN EVENTS Association acknowledges and accepts that it is solely responsible for the proper execution of the present General Terms and Conditions, as well as for the obligations incumbent upon it under the contract concluded with the MEMBER.
Nevertheless, FAUN EVENTS cannot be held responsible for any fortuitous event, linked either to the MEMBER, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure, in accordance with Article L.221-15 of the French Consumer Code.
ARTICLE 12 – ILLEGAL CLAUSES
Should any of the clauses or provisions of these General Terms and Conditions of Sale and Use be nullified or declared illegal by a final court decision, such nullity or illegality shall in no way affect the other clauses and provisions, which shall continue to apply.
ARTICLE 13 – Applicable law, place of jurisdiction and dispute resolution
In the event of a dispute, an amicable solution such as mediation will be sought before any legal action.
This contract is governed by French law.
Any dispute arising in connection with the application or interpretation of this contract which cannot be settled amicably shall be referred to the competent French courts.
ARTICLE 14 – Modifications to the general terms and conditions
FAUN EVENTS reserves the right to modify these General Terms and Conditions or any other texts without prior notice, which must be consulted before any approach is made to FAUN EVENTS via its FAUNTASTIC event and the sites whose public parts are made available to USERS. The latest version of these General Terms and Conditions is available for consultation and downloading on the FAUNTASTIC website.
FAUN EVENTS reserves the right, at its sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use at any time. It is therefore the USER’s responsibility to regularly refer to the latest version of the General Terms and Conditions of Sale and Use, which is permanently available on the FAUNTASTIC website. Orders which are still in progress or which have already been placed remain subject to the General Terms and Conditions in force at the time of the order.
Any use of the SERVICES after modification of the General Terms and Conditions of Sale and Use implies full acceptance by the USER of the new General Terms and Conditions of Sale and Use.
The USER expressly acknowledges that he/she must exercise discretion in the use of the content and bear all related risks, and in particular when relying on the timeliness, usefulness or completeness of such content, and carry out any verification under his/her responsibility.
