ARTICLE 1. Scope of application

These General Conditions of Sale apply, without restriction or reservation, to the services offered by the company LA MUSETTE SERVICES.

Each User must read and accept these terms and conditions before creating an account on the platform's applications and/or websites. Creating a customer account implies unconditional acceptance of these Terms and Conditions.

To improve its operation and quality, LA MUSETTE SERVICES may be required to unilaterally modify the General Conditions of Use.

LA MUSETTE SERVICES will inform the User by any means at least 15 days before their entry into force.

In the absence of objection by the User within this period, the modifications will be considered as read and accepted. In the event of objection or refusal, the general conditions of sale will be immediately terminated and the User must cease using the services of LA MUSETTE SERVICES and any customer account on the applications and/or websites of LA MUSETTE SERVICES.

ARTICLE 2. Services offered

LA MUSETTE SERVICES offers its customers storage and service spaces for users of light means of transport, particularly bicycles, in the form of a fitted CYCLE CORNER.

The CYCLES CORNER are made available to tourist accommodation providers who are partners of the company LA MUSETTE SERVICES.

All Partners are independent third parties and are not employed by LA MUSETTE SERVICES. Consequently, the conditions for the performance of the Services offered by a Partner will be the subject of a contractual relationship between the latter and the Client, with LA MUSETTE SERVICES not intervening in the relationship.

LA MUSETTE SERVICES cannot be held responsible for any difficulties encountered with a Partner in the context of the services offered by the latter.

ARTICLE 3. Conditions of access to services

LA MUSETTE SERVICES services are reserved for customers aged at least 18 years old who have the legal capacity to enter into a contract.

In order to use the Services, the Customer must register in the LA MUSETTE SERVICES mobile applications and/or website. They will then have the option to create a personal space. 

At the time of registration, the customer must be at least eighteen (18) years old and provide certain personal information to register, including:
– First and last name;
- Date of birth ;
– Email address;
– Type of equipment.

The Client's account is personal. The latter undertakes:
– Not to authorize third parties to use his account, nor to transfer his account to a third party;
– To ensure that the information relating to his account is accurate, complete and up to date;
– Not to disclose confidential login information;
– To inform LA MUSETTE SERVICES of any risk of identity theft on the account.

In the event of identity theft or hacking of the Client's means of communication (email, mobile phone or other means), the latter undertakes to notify LA MUSETTE SERVICES as soon as possible.

 ARTICLE 4. Terms of use of services

4.1 Reservation of the location

The Client will be able to search for and reserve the desired CYCLE CORNER via the LA MUSETTE SERVICES platform.

The services of LA MUSETTE SERVICES are reserved for clients of tourist accommodation partners.

Only those with a reservation or service with a Tourism Accommodation Partner will be able to access the CYCLE CORNER services.

The minimum reservation period is one day starting on day D at 12 p.m. and ending on day D+1 at 11:59 a.m.

It is possible to book several days in a row and several locations within the limit of the Hosting Partner's opening days and the number of places available in the CYCLE CORNER.

The Customer acknowledges that the reservation made with a Hosting Partner cannot guarantee the availability of the services of the affected CYCLE CORNER.
Similarly, booking CYCLE CORNER services does not guarantee the availability of the Hosting Partner.

It is the Customer's responsibility to check the availability of the two separate services before making the reservation.

4.2 Services offered

Reserving a space gives you access to a bicycle space, a locker and the use of all the services assigned to the CYCLE CORNER chosen when booking.

4.3. Financial conditions

To benefit from access to the CYCLE CORNER services, the Customer must pay a fixed amount corresponding to the reservation of a location for one day.

Prices are indicated when booking and before validation.

4.4. Access to services

As soon as the online payment is made, the Customer receives the access code to CYCLE CORNER at the email address provided by him/her.

It is the Customer's responsibility to verify the accuracy and accessibility of the email address provided. LA MUSETTE SERVICES will not be able to generate a new code once it has been sent to the Customer.

The access code is valid for the entire duration of the reserved period. It allows you to open the CYCLE CORNER door from the access terminal.

The Customer must then collect the set(s) of keys corresponding to their location(s) from the Host's reception.

This(these) set(s) of keys is/are made up of 2 keys:
1. A key allows the use of the lock attached to the structure, allowing the user to lock their bike in its location.
2. A key corresponds to the locker that is assigned with the location.

The Customer must collect the set of keys during the Host's opening hours and return the keys to the Host in the same manner at the end of the reservation of the CYCLE CORNER services.

Access to CYCLE CORNER is free for the duration of the reservation.

ARTICLE 5. Payment management

To manage Customer payments on the Platform, LA MUSETTE SERVICES uses the services of STRIPE and PAYPAL, payment service providers authorized to handle funds on behalf of third parties.

The Customer undertakes to read the General Conditions of Use of the payment service provider and expressly acknowledges that adherence to these conditions of service entails adherence to the General Conditions of Use of the payment service provider, which may occasionally be subject to modifications by the latter.

The Client expressly authorizes the Platform to communicate the information necessary for the use of the payment service provider's services. This personal data will be processed by the latter in accordance with their respective privacy policies.

The Customer expressly agrees to provide LA MUSETTE SERVICES with accurate and complete information about him/herself and authorizes LA MUSETTE SERVICES to share this information as well as information concerning transactions carried out via the payment solution provided.

ARTICLE 6. Responsibility of LA MUSETTE SERVICES

LA MUSETTE SERVICES is committed to providing quality services to its customers, working with the Hosting Partner to ensure equipment maintenance and quality of services.

Any material or bodily damage caused by CYCLE CORNER equipment falling under the responsibility of the Hosting Partner, LA MUSETTE SERVICES cannot be held liable on this basis.

LA MUSETTE SERVICES cannot be held responsible in the event of malfunction or damage linked to improper use or handling of the equipment by the Customer.

The Customer has the necessary security measures to protect the equipment in the CYCLE CORNER. It is therefore their responsibility to ensure that they have properly secured their equipment.

MUSETTE SERVICES cannot be held responsible for any theft or damage that may occur to equipment stored in the CYCLE CORNER.

ARTICLE 7. Service malfunctions

LA MUSETTE SERVICES makes every effort to ensure quality service to its Customers, but malfunctions beyond its control may occur.

Any usage problems must be reported by the customer in the complaints section of the LA MUSETTE SERVICES platform as well as to the Host.

In cooperation with the Hosting Partner, MUSETTE SERVICES will endeavor to provide assistance and the necessary repairs within a reasonable timeframe and to the extent possible.

The provision of assistance does not entail any recognition of liability by LA MUSETTE SERVICES.

ARTICLE 8. Withdrawal

The Customer acting as a consumer has the right in principle to withdraw without giving any reason, with the exception of the cases provided for in Article L221-28 of the Consumer Code and in particular:

— Provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional;

— Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period.
The services offered by LA MUSETTE SERVICES falling into the above-mentioned categories exclude the exercise of the right of withdrawal for the consumer. 

ARTICLE 9. Intellectual Property

The Platform, the Application, the Site and each of the elements that compose them and in particular the software, structures, infrastructures, databases and the trademark “LA MUSETTE SERVICES” registered with the INPI, in a non-limiting and non-restrictive manner, are protected by all intellectual property rights in force.

Users acknowledge that the Platform, the Application and the Site and each of the elements that compose them, including the associated intellectual property rights, are the exclusive property of LA MUSETTE SERVICES.

Any reproduction or representation, in whole or in part, of any nature whatsoever, of the Platform, the Mobile Application and/or the Website, or of each of the elements that compose them is strictly prohibited.

The User is prohibited from using, reproducing, adapting, modifying, creating derivative works, distributing, granting a license on these elements, selling, transferring, transmitting, broadcasting or exploiting in any other way the Platform, the Application, the Site and all of the elements that compose them.

Consequently, the User prohibits himself and prohibits any other person from:

– license, sublicense, copy, modify, distribute, create, sell, resell, assign or rent any part of the mobile applications and/or websites of LA MUSETTE SERVICES;

– reverse engineer or attempt to extract the source code of LA MUSETTE SERVICES mobile applications and/or websites;

– launch or cause to be launched any program or script for the purpose of recovering, indexing, studying or extracting data from any part of the mobile applications and/or websites or data of LA MUSETTE SERVICES;

– use, display or exploit any Name, Brand or Work of LA MUSETTE SERVICES for a purpose other than the use of the mobile applications and/or services of LA MUSETTE SERVICES;

– create or register (i) companies, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) pseudonyms or social media profiles that contain LA MUSETTE SERVICES Names, Trademarks or Works or any similar or confusingly similar trademark, name, title or work;

– purchase keywords (notably Google AdWords) which contain Names, Brands or Works of LA MUSETTE SERVICES;

– request to register, reference, use, copy and/or claim ownership of the Names, Trademarks or Works of LA MUSETTE SERVICES or any other name, trademark, title or work that is similar or likely to cause confusion, in any manner whatsoever and for any purpose whatsoever.

ARTICLE 10. Protection of personal data

In application of law n°78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from Users are necessary for the offer of services and the establishment of invoices, in particular.

LA MUSETTE SERVICES declares that it respects and undertakes to respect the regulations relating to personal data in force in France, and in particular the European Data Protection Regulation of April 27, 2016 (GDPR) and the Data Protection Act of January 6, 1978 as amended.

This data may be communicated to any Partners responsible for the execution, processing, management and payment of orders.
The processing of information meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The User has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

Personal data is subject to the following privacy policy: V. Privacy Policy.

ARTICLE 11. Miscellaneous provisions

11.1 Assignment of the General Terms and Conditions

These conditions are freely transferable by the company LA MUSETTE SERVICES to any third party without the need to collect or inform Users.

11.2 Tolerances

Any tolerance of the non-application of any of these conditions will never be considered as a waiver of the rights arising from this stipulation.

11.3 Nullity

In the event that one of the clauses of these conditions is declared null or void by a change in legislation, regulation or by a court decision, the validity of the other clauses will not be affected unless the clause declared null or void is of an essential nature, modifies the interdependence of certain stipulations or modifies the general economy of the general conditions of use.

ARTICLE 12. Applicable law – Language

These General Conditions of Use and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authoritative in the event of a dispute.

ARTICLE 13. Disputes

All disputes relating to the validity, interpretation, execution, termination, consequences and their consequences of the services offered by LA MUSETTE SERVICES will be submitted to the courts of the place of domicile of the defendant.

ARTICLE 14. Mediation

The Customer, having the status of consumer, can send his complaints directly by mail to the following postal address: 115 avenue du Golf 34280 LA GRANDE-MOTTE

or to the following email address: contact@lamusette-services.com

If this attempt fails, he may resort to a conventional mediation procedure or any other alternative method of dispute resolution, in particular by having recourse, free of charge, within one year of his complaint, to the competent consumer mediator in accordance with the provisions of Title I of Book VI of the Consumer Code:

The company CNPM-MEDIATION-CONSOMMATION
22 Liberation Avenue
42400 SAINT CHAMOND

If this mediation fails, or if the Client does not wish to resort to it, he remains free to submit his dispute to the competent courts.

This clause only applies to the Customer acting as a consumer.