General Terms of Sale
VORTEX EXPERIENCE SAS with a capital of 11,000 euros
Head office located at 170 cours du Médoc 33300 Bordeaux,
Siren No. 844 800 920 at the Bordeaux RCS - VAT FR61844800920
Contact email address: contact.bordeaux@vortex-experience.com
SAS VORTEX EXPERIENCE specializes in the operation of leisure rooms focused on free movement in virtual reality.
These provisions govern the contractual relations between SAS VORTEX EXPERIENCE and any natural or legal person (hereinafter referred to as the "VISITOR") who, after carefully consulting these General Terms of Sale, has decided to proceed with the purchase of entry to the VORTEX EXPERIENCE leisure room and/or products marketed by SAS VORTEX EXPERIENCE.
SAS VORTEX EXPERIENCE reserves the right to modify these General Terms of Sale at any time, provided that they are communicated to the VISITOR as soon as possible.
PRE-CONTRACTUAL INFORMATION
The VISITOR acknowledges having received, prior to the purchase of entry and/or products on the site, in a readable and understandable manner,
– these General Terms of Sale, which are accessible at any time on the websitewww.vortex-experience.comas well as within the premises of SARL VORTEX EXPERIENCE,
– of all the pre-contractual information listed in Articles L. 111-1 and L. 111-2 of the Consumer Code, notably: Essential characteristics of the services purchased on the website www.vortex-experience.com, prices of these services, date and delivery time, right of withdrawal and termination, address and contact details of the professional, the possibility of resorting to extrajudicial procedures to resolve disputes.
1. CHARACTERISTICS OF THE PRODUCTS AND SERVICES OFFERED
VORTEX EXPERIENCE is a leisure activity. We offer our clients the use of virtual reality equipment with free movement, as part of an exclusive VORTEX EXPERIENCE game.
INDIVIDUALS – SERVICE:
Individual clients purchase a service that includes:
– The right to enter and use the equipment assigned to them by VORTEX EXPERIENCE staff, in accordance with the safety rules clearly indicated at the beginning of the session.
– At a time previously agreed upon between VORTEX EXPERIENCE and the client: When purchasing on the website, the client sets the day and time of their session. When purchasing on-site at the center, they are informed of the time at which they can access the service.
It is reminded here that VORTEX EXPERIENCE informs the client by email that they must be present on-site at least 15 minutes before the reserved time.
Advance booking is not mandatory to access the service. VISITORS can show up without a reservation in the VORTEX EXPERIENCE rooms. Entry is not guaranteed and can only occur at a time indicated by the center staff, depending on the current crowd. Therefore, booking is highly recommended, especially during peak times.
VORTEX EXPERIENCE, however, guarantees VISITORS who have booked their session on the website www.vortex-experience.com access at the time indicated in the reservation.
Access to the service is allowed for minors from the age of 11.
2. PRICING
2.1 The prices referred to herein are available on the VORTEX EXPERIENCE website, accessible at www.vortex-experience.com (the "Site") as well as within the premises of SAS VORTEX EXPERIENCE, and are expressed in euros and established based on the taxes in effect at the time of booking or, in the absence of a reservation, at the time of purchase. Prices may not be modified solely by VORTEX EXPERIENCE after the date of the VISITOR's reservation duly confirmed by VORTEX EXPERIENCE in accordance with the provisions contained herein or the purchase of individual entry tickets at the VORTEX EXPERIENCE reception or from third parties with whom VORTEX EXPERIENCE has entered into a distribution agreement.
Notwithstanding the above, prices are subject to change at any time by VORTEX EXPERIENCE in the event of changes in applicable taxes.
2.2 Individual Rate: it applies to the VISITOR who registers individually either on the siteVortex Experienceor without a reservation within the premises of VORTEX EXPERIENCE.
2.3 Business Rate: it applies to Business VISITORS who organize an outing as part of seminars or various events.
3. ONLINE RESERVATION PROCESS
3.1. In order to guarantee access to the service at the chosen time, the VISITOR must make an online reservation from their client account on the Site.
The VISITOR must create their client account by providing their first name, last name, postal address, email address, chosen password, and phone number.
To book their session, they must indicate:
The chosen activity,
The date and time they wish to participate in this activity,
The number of participants.
The VISITOR then has access to a summary of the elements related to the requested activity, including the total price, based on the information they provided.
THE VISITOR must pay a deposit online by credit card to validate their reservation, with the balance to be paid on-site when they arrive at the Vortex Experience center.
The VISITOR then confirms their purchase, accepts the general terms and conditions of sale, and proceeds to payment by credit card.
You have the option to register for free on the BLOCTEL telephone marketing opposition list (www.bloctel.gouv.fr) so that you will no longer be contacted by phone by a professional with whom you do not have an ongoing contractual relationship, in accordance with law no. 2014-344 of March 17, 2014, relating to consumption.
3.2 The VISITOR receives a confirmation email summarizing their reservation and payment information at the email address provided when creating the account.
3.3. On the day of the activity, the VISITOR goes to the selected center. Upon arrival, they present the confirmation email received (in paper or digital format) to access the reserved session.
4. RESERVATION WITH THE CENTER
4.1 The client can book a service for one or more people by going to the Vortex Experience center.
4.2 The client must provide: their name, email address, and phone number.
4.3 The reservation will only be considered valid upon payment by credit card of the deposit sent by the pre-reservation email.
5. EVENT SERVICE
5.1 Any group or corporate reservation must specify the number of visitors (number of participants), the date and time of the visit, and if applicable, any other desired services (equipment, catering).
5.2 A reservation deposit is required at the time of booking. The payment terms are detailed below. The date will only be effectively and definitively reserved upon receipt of the balance payment at least 7 calendar days before the reservation date.
5.3 Any changes to the reservation (number of participants, chosen options, schedule, date) must be made at least 7 days before the event date. Any changes made less than 7 days before the event date will not result in a reduction of the final invoice for the service.
6. PAYMENT TERMS
6.1 Deposits for reservations made through the website are paid at the time of booking by credit card.
6.2 The balance of the reservation amount is to be paid on the day of the VISITOR's arrival, by credit card or vacation check, after deducting the deposit already paid at the time of booking.
6.3 For CORPORATE services purchased or reserved with the center, the deposit invoice is issued on the day of the reservation, based on the number of participants and the additional services chosen. The balance invoice is issued by Vortex Experience on the day of the event and is due upon its issuance date. Payments are made by credit card (Carte Bleue, Visa, Master Card), by company check, or by bank transfer.
7. CANCELLATION OF A SERVICE
7.1 Online reservation made on the websiteVortex Experience
The VISITOR cannot cancel their reservation.
The VISITOR does not benefit from a right of withdrawal, as the leisure activity service provided on a specific date by VORTEX EXPERIENCE falls within the exclusions provided by Article L221-28 of the Consumer Code.
In the event that the VISITOR arrives late for the chosen service time, VORTEX EXPERIENCE cannot guarantee the service will be held for the client.
If the VISITOR cannot make it to the center at the time indicated on the reservation, they must contact VORTEX EXPERIENCE at least 72 hours before the time indicated on the reservation: VORTEX commits to offering the VISITOR a new time to access the service.
If the VISITOR does not show up at the reserved time at the park or has not informed the park of their inability to come at least 72 hours before the service is to take place, the reservation is lost and no refund will be issued.
7.2 VORTEX EXPERIENCE does accept cancellations for cases of force majeure, particularly unavailability due to illness, which must be justified by a medical certificate to obtain the rescheduling of the service to a future date.
7.3 Cancellation of corporate reservations or event services.
– If the cancellation occurs at least 30 calendar days before the reserved date, the deposit will be transferred to another reservation or refunded.
– If the cancellation occurs at least 7 calendar days before the reserved date, the deposit may be transferred to another reservation but will not be subject to any refund.
– If the cancellation occurs less than 7 calendar days before the reserved date, the reservation can no longer be transferred and the deposit will be retained by Sarl Vortex Expérience.
The credit issued when the cancellation is made at least 7 days before the reserved date is only usable for 3 months following its issue date and only for the purpose of paying for a reservation similar to the one that originally caused its issuance. The issued credit is in no case refundable and is in no case transferable.
7.4 Modification of the service. In the event that the corporate client wishes to modify the service validated by the quote at the time of reservation (reduction in the number of participants, modification of the chosen options), they may do so freely at least 7 days before the event date, resulting in a modification of the final billing. If this modification, particularly involving a reduction in the final price, occurs less than 7 days before the event date, no modification of the final invoice will be possible. This point is reiterated on all quotes issued by VORTEX EXPERIENCE.
7.5 Cancellation before the end of the service: if a CLIENT wishes to stop the activity before the scheduled end time, no refund will be made.
8. GIFT CARD PURCHASE
VORTEX EXPERIENCE sells dematerialized gift cards (GIFT CARD) on its website.
8.1 Terms of use: Each dematerialized gift card is numbered and individual. It grants access to one entry in the chosen Vortex Experience center. After payment for the purchase by credit card, the dematerialized gift card is sent to the customer by email in PDF format. The use of the gift card by its beneficiary is subject to the presentation of the gift card received electronically, either on their smartphone or printed. The gift card can be used for any experience offered by Vortex Experience. The gift card can only be used once. It cannot be refunded after the withdrawal period.
8.2 Validity period: the gift cards offered by Vortex Experience are valid for 1 year from their date of issue.
8.3: Booking a session for gift card holders: The reservation of the day and time for a gift card holder's visit is made on our website in the "Book an experience" section, indicating the day, time, chosen experience, and the number of valid gift cards. The validity of the gift card will be checked on the day of the reservation upon the beneficiary's arrival.
8.4: Right of withdrawal: In accordance with current regulations, the Client has a period of 14 calendar days from the receipt of the confirmation notice of the gift card purchase.
The Client can exercise their right of withdrawal without having to justify reasons or pay penalties. To exercise this right, the Client must, within this period, inform Vortex Experience of their decision to withdraw,
- by mail addressed to the Company's headquarters or by email to the following addressdirection.bordeaux@vortex-experience.com by attaching the relevant gift card(s)
- or by means of the Withdrawal Form to be completedhere.
After verifying that the gift card has not been used, it will be deactivated by the Company and can no longer be presented.
Vortex Experience commits to refund the client no later than 14 days from the date of receipt of the withdrawal request by re-crediting the credit card used for the purchase. The Client acknowledges that the right of withdrawal cannot be implemented for any Gift Card that has already been used.
9. UNAVAILABILITY OF SERVICE / PERFORMANCE
9.1 By unavailability of service, we mean that VORTEX EXPERIENCE would not be able to provide a service due to unavailability or a failure of its systems, occurring before the start of the service or during the course of the service.
9.2 VORTEX EXPERIENCE will offer the VISITOR a rescheduling of the service to a future date and time. In case of refusal by the visitor, VORTEX EXPERIENCE guarantees the refund of the reservation paid by the VISITOR.
9.3 This refund will be made by bank transfer.
10. INTELLECTUAL PROPERTY RIGHTS
The VISITOR does not acquire any ownership or usage rights and may not use the names, signs, emblems, logos, trademarks, copyrights, and other signs or other literary, artistic, or industrial property rights of VORTEX EXPERIENCE.
11. FORCE MAJEURE
VORTEX EXPERIENCE shall not be held liable to the VISITOR in the event of non-fulfillment of any of its obligations resulting from a force majeure event. Events considered as force majeure or fortuitous events are those usually recognized by the case law of French courts and tribunals. In such a case, SARL VORTEX EXPERIENCE may propose another date for visiting the site.
12. INSURANCES
Sarl VORTEX EXPERIENCE holds a Professional Civil Liability Insurance Policy taken out with Allianz I.A.R.D Cours Michelt Paris la Défense. It covers the consequences of professional civil liability that may be incurred by SARL VORTEX EXPERIENCE due to bodily, material, and immaterial damages caused to its VISITORS or third parties as a result of faults, errors, or negligence observed during its professional activity as a manager of leisure activities or due to its employees.
13. LIABILITY
13.1 The VISITOR certifies that their physical condition and health allow them to engage in a leisure activity that involves the ability to move, and more specifically to use the services, activities, equipment, and facilities offered by VORTEX EXPERIENCE.
13.2 Any direct or indirect injury or damage independent of the actions of VORTEX EXPERIENCE and caused by a VISITOR who did not comply with the safety instructions provided before the service, engages the civil liability of the concerned VISITOR towards third parties. In this regard, each VISITOR certifies on their honor their coverage under civil liability.
13.3 The VISITOR acknowledges having consulted the recommendations of VORTEX EXPERIENCE regarding the necessary health condition to access the service. These are clearly indicated in the FAQ section of the website.Vortex Experiencein the section "Who can play / cannot play"
13.4 The VISITOR acknowledges being aware that access to the VORTEX EXPERIENCE service is prohibited for those under 13 years old, in accordance with the recommendations of virtual reality system manufacturers.
13.5 VORTEX EXPERIENCE disclaims all responsibility
In case of non-compliance with safety instructions.
In case of improper use of equipment or use that is faulty or not in accordance with their intended purpose as stipulated in the safety instructions and the internal regulations.
In the event that the VISITOR is in a health condition that prohibits access to the service.
In the event that the VISITOR lied about the actual age of a minor accessing the service.
13.6 VORTEX EXPERIENCE cannot be held responsible for damages of any kind, particularly: fire and/or theft, that may affect the belongings, objects, or materials brought by the VISITORS, which have not been deposited in designated storage areas.
13.7 VORTEX EXPERIENCE disclaims any responsibility in case of theft, loss, or break-in occurring in the unsupervised parking lot made available to Visitors to facilitate their access to the center.
13.8 VORTEX EXPERIENCE solely determines the operating and maintenance conditions of the Virtual Reality Center. It specifically decides: the days and hours of operation; the maintenance of the equipment owned by or used by SARL VORTEX EXPERIENCE; the adoption of standards and rules regarding the health and safety of its equipment and services to the VISITORS of the center.
13.9 In particular, VORTEX EXPERIENCE may decide to close to the public all or part of the center it manages and suspend all or part of the services offered, for as long as it deems necessary, particularly due to issues or operations related to the safety or health of the VISITORS, maintenance, repair of all or part of the equipment due to bad weather, public order, etc., without being held responsible and without the VISITOR being able to claim any compensation of any kind, except for a refund of reservations made during the period of unavailability.
13.10 Due to the nature of the services offered by VORTEX EXPERIENCE, the VISITOR does not benefit from the warranty for hidden defects or the legal warranty of conformity.
13.11 Regarding the equipment products and relaxation area, all products provided by SARL VORTEX EXPERIENCE benefit by right and without additional payment, in accordance with legal provisions,
– the legal warranty of conformity provided for in articles L. 217-4 to L. 217-14 of the Consumer Code for products that are apparently defective, damaged, or do not correspond to the immediate purchase.
– the legal warranty against hidden defects arising from a defect in material, design, or manufacturing affecting the sold products and rendering them unfit for use (articles 1641 to 1649 of the Civil Code)
It is reminded that to take action against SARL VORTEX EXPERIENCE, the VISITOR has a period of two years from the delivery of the product regarding the warranty of conformity or the discovery of the defect, within the framework of the warranty for hidden defects.
In order to assert their rights, the VISITOR must return the affected products to the visitor reception of the center. SARL VORTEX EXPERIENCE will then proceed with the exchange or refund of the products.
14. INTERNAL REGULATIONS
14.1 The VISITOR agrees and commits to engage in the activity reasonably. Any behavior contrary to public morals and public order will lead the management of SARL VORTEX EXPERIENCE to ask the VISITOR to leave the center without any compensation or refund.
In the event of any inappropriate behavior for leisure activities – particularly verbal or physical aggression and disrespect for the facilities or equipment – SARL VORTEX EXPERIENCE reserves the right to exclude the VISITOR from its network and to prohibit them from accessing its premises.
14.2 The VISITOR agrees to accept the internal regulations and to respect the directives of the management, which is the guarantor of the internal regulations. They acknowledge that the center is a non-smoking establishment and commit to respecting this obligation.
14.3 The VISITOR is subject to legal action in the event of damage suffered by SARL VORTEX EXPERIENCE due to a violation of any of the provisions of these General Terms and Conditions or the internal regulations during the exercise of activities.
15. COMPLAINTS
Complaints arising from a dispute regarding the execution of the services covered by these terms must be made in writing and sent to the management of the establishment / SARL VORTEX EXPERIENCE, 170 COURS DU MEDOC, 33300 BORDEAUX, within fifteen (15) days following the visit to the VORTEX EXPERIENCE center. Complaints can also be made on the website.
16. SEVERABILITY
If any clause of this Contract is found to be null and void for any reason, the relevant terms will be removed and the remainder of the Contract will continue to apply in full.
17. COMPETENT JURISDICTION
17.1 These general terms and conditions of sale are governed, both in terms of their interpretation and implementation, by French law.
17.2 In the event of a dispute, and failing an amicable settlement, it is expressly stated that disputes will be brought before all materially and territorially competent French courts.
17.3 In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity chosen is: SAS CNPM - MEDIATION - CONSUMPTION. In the event of a dispute, any consumer may submit their complaint on the website:
https://www.cnpm-mediation-consommation.eu/
or by mail by writing to:
CNPM MEDIATION CONSUMPTION
27, avenue de la Libération - 42400 SAINT-CHAMOND