General terms and conditions of sale
Preliminary Article – Definitions
In the remainder of this Agreement, the terms below shall have the following meanings:
THE HOTEL: Le Clos Fleuri, with a capital of €40 000.00, registered with the RCS of Lorient under the N°851 524 314 and whose Head Office is located at Bellevue – Route de Sauzon – 56 360 Le Palais (France), represented by Pauline & Jean-Marc Le Rouzic.
THE ORDER IS CONFIRMED BY A “CONFIRMATION OF THE ORDER”: Dematerialized document sent by the HOTEL to the CLIENT at the end of the ORDER process and its validation by the CLIENT via the Internet on the WEBSITE as defined below, confirming the registration by the HOTEL of the ORDER made by the CLIENT on the said WEBSITE, reproducible on a durable medium by the CLIENT and summarizing the characteristics of the PRODUCTS purchased by the CLIENT, the methods, dates and delivery times, and the methods for exercising the right of cancellation.
SALES CONTRACT: Online contract concluded by the HOTEL and the CLIENT, following the validation of its ORDER for one or more PRODUCTS proposed on the WEBSITE and the receipt by the CLIENT of the CONFIRMATION OF THE ORDER.
CUSTOMER: A physical person of full legal age with full legal capacity at the time of subscription of the SALES CONTRACT or a legal entity duly represented by a physical person with the capacity and legal capacity to represent it.
ELECTRONIC MAIL: Any message, in the form of text, voice, sound or image, sent by a public communication network, stored on a network server or in the recipient’s terminal equipment, until the latter retrieves it.
ORDER: process implemented online by the CLIENT from the WEBSITE, consisting of choosing, selecting the PRODUCTS and their quantities, the delivery method, and which ends with the validation of the ORDER. The latter is validated only upon full payment of the price of this ORDER.
PRODUCTS: Various products marketed by the HOTEL, on the WEBSITE, in particular, under the headings “GIFT VOUCHERS”, “GIFT CHECKS, “PRODUCTS OR RELATED PRODUCTS”, this list being non-exhaustive. The essential characteristics of these PRODUCTS, in accordance with the provisions of Article L. 111-1 of the Consumer Code, are displayed as soon as the CLIENT clicks on the PRODUCT chosen from the WEBSITE.
WEBSITE: electronic service operated by the HOTEL on the Internet network and accessible at the URL address https://leclosfleuri.doreabox.com from a fixed or mobile terminal.
Article 1 – Scope of application
1.1.1 These General Terms and Conditions of Sale apply, without restriction or reservation, to all PRODUCTS offered on the WEBSITE by the HOTEL operating the WEBSITE for the purpose of marketing the PRODUCTS.
1.1.2. These General Terms and Conditions apply to all ORDER operations and sales defined above carried out by the CLIENT.
1.2 Delivery Territory
Except in the case of a specific exclusion indicated on the PRODUCT sheet, the PRODUCTS appearing on the WEBSITE are deliverable in France. Outside of France, the CLIENT must contact the HOTEL unless the chosen delivery service provider ensures delivery in the territory concerned.
1.3.1. These General Terms and Conditions apply throughout the entire period of marketing of the PRODUCTS online on the WEBSITE by THE HOTEL.
1.3.2. The HOTEL reserves the right, without notice or compensation, to temporarily or permanently close the WEBSITE or the online sales space for the PRODUCTS.
1.3.3. The HOTEL shall not be liable for damages of any nature that may result from the temporary unavailability or permanent closure of all or part of the WEBSITE or the marketing services for the PRODUCTS associated therewith, such as the possibility of placing an ORDER.
1.3.4. The HOTEL reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In the event of modification, the General Terms and Conditions of Sale in force at the time of validation of the ORDER and its registration by acknowledgement of receipt shall be applied to each ORDER.
1.4 Legal regime
1.4.1. These General Terms and Conditions of Sale are subject to the provisions of Articles L. 221-1 and following of the French Consumer Code.
1.4.2. Any ORDER, with a view to purchasing the PRODUCTS defined above, made on the WEBSITE is subject to these General Terms and Conditions of Sale.
1.5.1. These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of ORDERING the PRODUCTS offered by THE HOTEL on the WEBSITE.
1.5.2 They govern all the steps necessary for the completion and follow-up of the ORDER, its maintenance and validity, the purchase process of the PRODUCT(s) concerned chosen by the CLIENT, the payment of the related price, and the terms of delivery of the PRODUCT(s) sold to the CLIENT by THE HOTEL.
Article 2 – Client capacity and acceptance
2.1. Any CUSTOMER acknowledges having the capacity to contract under the conditions described in the General Conditions of Sale presented below, that is to say, having the legal majority and not being under guardianship or trusteeship. In the case of a CUSTOMER that is a legal entity, the natural person representing it must have the capacity to act, to use the corresponding means of payment in the name of the legal entity and full capacity as indicated above.
2.2. The CUSTOMER acknowledges that these Terms and Conditions of Sale are presented to him prior to the validation of his ORDER.
2.3. The CUSTOMER accepts that the General Terms and Conditions of Sale, the contractual documents informing him/her of the essential characteristics of each of the PRODUCTS and related prices, as well as the ORDER forms. The terms and conditions of ORDER are presented to him/her online on the WEBSITE for the purpose of concluding the Sales Contract relating to the PRODUCTS ordered by him/her.
2.4. The CLIENT declares that it has obtained from THE HOTEL all the necessary information on the WEBSITE.
2.5. The CLIENT acknowledges having read these General Terms and Conditions of Sale prior to their acceptance and having freely accepted all the terms prior to validating its ORDER.
2.6. Any validation of the online ORDER from the WEBSITE by the CUSTOMER requires prior acceptance of these Terms and Conditions of Sale.
2.7. The CUSTOMER’s agreement to these General Terms and Conditions of Sale occurs during the ORDER process: by validating his payment, the CUSTOMER definitively confirms his order and accepts all the General Terms and Conditions of Sale that he can consult from the payment stage page.
2.8. The CUSTOMER, prior to ORDERING PRODUCTS, declares and acknowledges having given the information necessary to validate his order. Two possibilities are offered to him. He may remain in guest mode, in which case the information will be used solely for the purposes of the ORDER, or he may choose CLIENT mode, in which case a CLIENT account will be created where he will be able to retrieve his information later.
2.9. The CLIENT has the option of saving and editing these General Terms and Conditions of Sale from the WEBSITE using the standard functionalities of his browser and/or computer and/or mobile terminal by going to the page of the latter.
2.10. The CUSTOMER expressly accepts that the entry of the required banking information, the acceptance of these General Terms and Conditions of Sale and the validation of the ORDER, take place online on the WEBSITE. Likewise, the CLIENT accepts that the CLIENT’s action of clicking on the “Validate Payment” button, as stated in Article 188.8.131.52, constitutes an electronic signature within the meaning of Article 1367 of the Civil Code which has, between the parties, the same value as a handwritten signature.
Article 3 – Content of the website
3.1. The WEBSITE mentions the following information:
the precise identification of the Company THE HOTEL (company name, registered office, e-mail address, telephone number, VAT number);
the essential characteristics of the PRODUCTS which are displayed as soon as the CUSTOMER clicks on the chosen PRODUCT, with, if applicable, one or more options to be selected (for example, size, color, containers) and, in any case, a choice concerning the quantity of PRODUCTS to be ordered ;
the effective availability of the PRODUCTS in stock at the time of ORDER,
the prices of each of the PRODUCTS;
terms of payment;
the General Terms and Conditions of Sale;
if applicable, the effective availability of the promotional offer at the time of ORDER ;
if applicable, the minimum duration of the proposed contract ;
the existence of a right of retraction, its modalities of exercise and the duration of the exercise of this right,
if applicable, the terms of cancellation of the ORDER.
3.2. All the information on the WEBSITE is presented in French as well as in English.
Article 4 – Order
4.1. How to ORDER ONLINE
4.1.1. The CLIENT chooses the PRODUCTS presented on the WEBSITE, which offers the possibility of ordering one or more various PRODUCTS of its choice, according to the contractual prices displayed on the page of each PRODUCT with or without options left to the CLIENT’s free choice.
4.1.2. The CLIENT acknowledges having read the PRODUCT ORDER methods available on the WEBSITE and having requested and obtained the necessary and/or additional information to place its ORDER freely and with full knowledge of the facts.
4.1.3. The CLIENT is solely responsible for the choice of the PRODUCTS and their suitability to its needs, such that the liability of THE HOTEL cannot be sought in this respect.
4.1.4. The ORDER is deemed accepted by the CLIENT at the end of the ORDER process by clicking on the “Validate Payment” button in the case of payment by credit card on the last page of the ORDER process as described below.
4.2. Online ORDER process
4.2.1. The ORDER is deemed to have been placed as soon as THE ORDER IS CONFIRMED by THE HOTEL, as stated in Article 4.3.3, and subject to the effectiveness of online payment by credit card under the conditions referred to in Article 4.2.4.
4.2.2. The CUSTOMER undertakes, prior to any ORDER, to complete the information requested and, in particular, those relating to its mandatory personal data marked with an asterisk upstream of the fields in which this information is collected.
4.2.3. The CUSTOMER certifies the truthfulness and accuracy of the information transmitted.
4.2.4. The ORDER procedure, for which the collection of personal data is secured under the conditions of Article 11 below, includes the following steps, it being specified that from the beginning of the ORDER process, the CLIENT is informed that payment by credit card is mandatory and that delivery is limited to the territorial areas served by the service providers responsible for transporting the PRODUCTS,
that it is always possible for the CUSTOMER to go back in the ORDERING process by clicking on each of the steps described below and tabbed on the active page, or by clicking on “YOUR CART” or “NUMBER OF ITEMS IN YOUR CART” to modify the data and, more specifically, the number of items of each PRODUCT ordered with the possibility of deleting them :
4.2.6. GUEST MODE AND CUSTOMER ACCOUNT
The ORDER can be made in guest mode or by creating a customer account :
– In guest mode, it is not necessary to register or log in to complete the ORDER. However, you will need to fill in information such as a first name, a last name and an e-mail address in order to receive e-mails related to your order (delivery, tracking, etc.). In order to facilitate delivery, it may be necessary to provide a telephone number or a postal address.
– With a CUSTOMER account, it will be necessary to create it by following the steps indicated. Afterwards, simply log in with the identifiers created by THE CUSTOMER. This account allows you to track the status of your order and to keep the information of the CUSTOMER.
4.2.7. ORDER FOLLOW-UP
For any question relating to the follow-up of his ORDER, the CUSTOMER can contact THE HOTEL by e-mail or telephone.
4.3. Online Contract Formation
4.3.1. The ONLINE SALES AGREEMENT is formed only after the CUSTOMER has clicked on the “YES I CONFIRM MY ORDER AND PAYMENT PROCESS ONLINE” button at the end of the ORDER process.
Otherwise, the ORDER is considered to be interrupted and cannot produce any effect.
4.3.2. The formation of the ONLINE SALES CONTRACT, having as its subject the PRODUCTS identified in the ORDER, takes place upon receipt of the ORDER by THE HOTEL, which gives rise to the sending of an ELECTRONIC MAIL for CONFIRMATION OF THE ORDER including a dedicated ORDER number as stated in Article 4.3.3.
4.3.3. In all cases of ORDER resulting in the formation of the ON-LINE SALES CONTRACT for the PRODUCTS ordered, and without prejudice to the provisions of Articles 4.4. a summary ELECTRONIC ORDER CONFIRMATION EMAIL with its ORDER number shall be sent to the CUSTOMER at the e-mail address that he has indicated in the ORDER process. This method of communicating the ONLINE SALES CONTRACT is expressly accepted by the CLIENT. This ELECTRONIC MAIL constitutes proof of ORDER CONFIRMATION, which summarizes the terms of the SALES CONTRACT, the PRODUCTS purchased, their respective prices, any discount coupons, shipping costs, the total price of the ORDER, the delivery service provider, the delivery address and the billing address, information relating to after-sales service and commercial guarantees, if any…
4.4 Right of Withdrawal by the CUSTOMER :
4.4.1. In accordance with Article L. 221-18 of the French Consumer Code, the CLIENT has the right of withdrawal, without reason or penalties, with the exception of the cost of postal reshipment of the PRODUCTS concerned by the withdrawal for 14 calendar days from the day of receipt of the PRODUCTS that are the subject of his ORDER.
It is specified that the right of retraction does not apply to the following goods:
– The PRODUCTS made according to your specifications or clearly personalized;
– PRODUCTS that have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.
4.4.2. The exercise of the right of withdrawal by the CLIENT shall be carried out under the following conditions in order to be effective :
– the CUSTOMER contacts THE HOTEL by giving all the information present on the ORDER confirmation that he or she received on the e-mail address indicated during the latter.
– the CUSTOMER attaches this confirmation signed by him/her by EMAIL to the CONTACT address of THE HOTEL as an attachment in .pdf format, within the time period stipulated in Article 4.4.1.
4.4.3. An ELECTRONIC MAIL confirming receipt of the withdrawal form will be sent to the CLIENT, without prejudice to its possible ineffectiveness in cases where the conditions for exercising the rights referred to in Article 4.4.2, and for returning the PRODUCTS subject to withdrawal referred to in Articles 4.4.4 and 4.4.5 are not met.
4.4.4 In the event of exercising the right of retraction as provided for in Article 4.4.1 and under the conditions provided for in Article 4.4.2, the CLIENT must resend, by post, the PRODUCTS subject to the right of retraction, the reshipment costs being borne by the CLIENT, to THE HOTEL at its address.
– in their original state,
– with the packaging in good condition (not torn or damaged),
– accompanied by a copy of the withdrawal form duly completed and signed,
– without delay, as soon as he exercises his right of withdrawal and within a maximum of 14 days following the exercise of his right of withdrawal.
4.4.5. The postmark of the return shipment of the PRODUCTS by the CLIENT as indicated in Article 4.4.4. shall be deemed authentic.
4.4.6. In the event that the CLIENT exercises the right of withdrawal under the conditions of this Article 4. 4, the sale price including all taxes will be refunded by transfer to the credit of the account used to pay for the ORDER within a maximum period of 14 days from receipt of the PRODUCTS by the HOTEL, in the case of the PRODUCTS subject to the right of retraction including all taxes, as soon as the HOTEL has recovered the said PRODUCTS, under the conditions of compliance by the CLIENT with articles 4.4.4 and 4.4.5.
4.4.7. In any event, the exercise of the right of withdrawal by the CLIENT may not have the effect or allow it to claim to be free from the application of the conditions provided for in terms of receipt of delivery as set forth in Article 6.4. The exercise of the right of withdrawal means an implementation in accordance with the law conferred on the CUSTOMER in respect of the ONLINE SALES CONTRACT but not to denounce a possibly defective delivery.
4.5. Availability of the PRODUCTS :
4.5.1. The PRODUCTS offered on the WEBSITE constitute the offer of said PRODUCTS within the limits of available stocks.
4.5.2. In the event that, during the ORDER process, a PRODUCT is not available in stock or in any case not in the quantity or according to the options desired by the CUSTOMER (size, color, etc…), an unavailability message is displayed and the ORDER cannot be finalized with regard to the unavailable PRODUCT(s).
4.5.3. In the event that, at the end of the ORDER process and at the time the ORDER is processed by THE HOTEL, it should turn out that the PRODUCT(s) ordered is (are) no longer available in stock, a warning message shall be sent to the CLIENT at the e-mail address he provided during the ORDER process, within 30 days from the payment received, either to deliver the PRODUCT ordered to him, or to exchange it with a similar PRODUCT at a similar price, or to reimburse him. In this case, it is up to the CUSTOMER to communicate its choice by reply to the ELECTRONIC MAIL that will have been sent to it for this purpose. If the CUSTOMER fails to reply to the E-MAIL within 30 days following the payment to express its choice, it will then be automatically refunded, by crediting the bank account that issued the payment, up to the amount of the unavailable PRODUCT.
Article 5 – Rates, prices and payment
5.1. The prices of the PRODUCTS are indicated before and during the ORDERING process as indicated in article 4.2.5. The prices are valid in real time and are displayed as soon as the CLIENT consults a PRODUCT on the WEBSITE. The price of the PRODUCTS ordered necessarily appears under the display “Number of items in my basket”.
5.2. The prices of the PRODUCTS are subject to value added tax (VAT) and are displayed in amounts including VAT at the rate in effect at the time of the ORDER, in Euros, and are valid only at the time of the ORDER on the WEBSITE.
5.3. All ORDERS, regardless of their geographical origin, are payable in Euros as specified during the ORDER process, any exchange fees with the CUSTOMER’s bank remaining the responsibility of the CUSTOMER.
5.4. Delivery rates are indicated during the ORDER process as specified in Article 4.2.5 and 6.3.4. In the event that several rates are available for delivery, they are displayed during the ORDER process in step 4 as indicated in 184.108.40.206.
5.5. The ORDER price, i.e. the price of the PRODUCTS and their delivery, is communicated on the WEBSITE during the ORDER process. The price of the ORDER, including VAT, is indicated to the CLIENT before confirmation of his ORDER and before payment. The price of the ORDER is also confirmed in the ORDER CONFIRMATION ELECTRONIC MAIL sent to the CUSTOMER as indicated in Article 4.3.3 and on the invoice as indicated in Article 6.3.9.
5.6. No discount or rebate will be applied by THE HOTEL for online payment prior to the envisaged delivery dates and conditions appearing in these General Terms and Conditions of Sale.
5.7 The HOTEL reserves the right to modify prices at any time, but the PRODUCTS will be invoiced on the basis of the rates in effect at the time the ORDERS are placed.
5.8. In the event that an incorrect price is displayed during the ORDER process, for any reason whatsoever (computer bug, manual entry error, technical incident), the ORDER (even one that has been registered under the conditions of article 4.3.3) will be cancelled as soon as the HOTEL discovers the incident. In this case, the CUSTOMER will be informed by sending an ELECTRONIC MAIL to the address that he or she provided during the ORDERING process or the creation of his or her CUSTOMER account. At the end of the sending of this information message, the CUSTOMER may, if he wishes, place his ORDER again at the corrected and exact price.
5.9. The price of the ORDER is due upon completion of the ORDER process as indicated in Article 220.127.116.11. The PRODUCTS remain the property of THE HOTEL until the CLIENT has paid the ORDER in full.
5.10. The payment of the ORDER price by the CLIENT occurs under the conditions set forth in Article 18.104.22.168.
5.11. When paying by credit card, the CUSTOMER can check from his browser that the communication of banking data is made in a secure area. For payment security, the CLIENT is recommended to ensure that the Payplug logo is displayed on the page for entering bank details, as this partner verifies that the connection with the CLIENT’s browser is secure before sending its data.
5.12. The Payplug service provider responsible for securing online payments by credit card, carries out a verification of the validity of the CUSTOMER’s payment card. There may be a refusal of the payment card for various reasons such as stolen card, blocked card, ceiling reached, data entry error, etc… In case of difficulty or impediment, the CLIENT must, on the one hand, get in touch with his bank to identify its origin, and on the other hand, may contact the HOTEL to notify the impossibility of proceeding with the payment of his ORDER.
Article 6 – Delivery
6.1. Terms of delivery :
6.1.1. The delivery of the ordered PRODUCTS takes place under the conditions chosen and validated by the CUSTOMER during the ORDER process as stated in Article 22.214.171.124.
6.1.2. Depending on the destination, delivery is offered during the ORDER process through the services of delivery service providers chosen by the HOTEL (for example and without obligation: So Colissimo, La Poste).
6.1.3. Delivery of the ORDER is only possible within the limits of the territories served by the chosen delivery service providers.
6.2. Delivery charges :
6.2.1. Delivery costs are the responsibility of the CUSTOMER and are billed in addition to the sale price of the PRODUCTS.
6.3. Delivery times :
6.3.1. Delivery times are those of the delivery service provider.
6.3.2. For information purposes, it is specified that ORDERS are generally shipped within 48 hours after receipt and receipt by the HOTEL of the CLIENT’s payment.
6.3.6. Shipping costs include packaging, handling and postage. The HOTEL advises its CLIENTS to group their purchases into a single ORDER. The functionalities of ORDERING online from the WEBSITE do not allow two distinct ORDERS to be grouped together so that the CLIENT would have to pay shipping costs for each of them.
6.3.7. The package relating to the ORDER is sent to the CLIENT subject to the responsibility of the transport and delivery service provider, special care is taken with packages containing fragile PRODUCTS.
6.3.8 The HOTEL may not be held responsible for the consequences due to a delay in delivery by the carrier selected by the CLIENT resulting from an unforeseeable and irresistible event.
6.4. Receipt of delivery :
6.4.1. The CUSTOMER is required to verify the conformity of the PRODUCTS received in execution of its ORDER at the time of delivery. On this occasion, the CUSTOMER must check any package that is obviously damaged or deteriorated and refuse to accept delivery. Any anomaly concerning the delivery such as :
PRODUCTS not in conformity with the ORDER,
must be notified within 48 hours of receipt of the ORDER to the CUSTOMER service of the WEBSITE under the conditions of Article 4.2.7,. After this 48-hour period, and except for hidden defects, no claim will be accepted by the HOTEL, the PRODUCTS sent by the HOTEL to the CLIENT being then considered to be compliant.
6.4.2. In any case, damaged or incomplete items will not be taken back by the HOTEL and will be returned to the CLIENT in the same condition in the event that they are sent back to the HOTEL by the CLIENT.
6.4.3. Packages returned to THE HOTEL or to the carrier chosen by the CLIENT during the ORDER process, due to a lack of identification of the recipient or a lack of identification of the ORDER concerned, may be returned to the CLIENT, provided that
that the CLIENT manifests itself to THE HOTEL under the conditions of article 4.2.7,
that the package proves to be identifiable
whether the package is actually returned to THE HOTEL or in the hands of the said carrier,
that the CUSTOMER takes charge of this second shipment of the package.
6.4.4. Without prejudice to the implementation by the CUSTOMER of its legal right of withdrawal under the conditions set out in Article 4.4, perfumes and beauty products will not be exchanged or refunded.
6.4.5. Without prejudice to the implementation by the CUSTOMER of its legal right of withdrawal under the conditions provided in Article 4.4, the PRODUCTS on sale will not be exchanged or refunded.
6.4.6. Without prejudice to the implementation by the CLIENT of its legal right of withdrawal under the conditions provided in Article 4.4, the unpacked electronic PRODUCTS will not be exchanged or refunded.
6.4.7. Subject to the above-mentioned conditions, the HOTEL will reimburse the amount, including all taxes, of the price(s) of the PRODUCT(s), excluding delivery costs provided for in the ORDER and excluding the costs of reshipment of the PRODUCTS by the CLIENT. The CLIENT’s bank account, as filled out by the CLIENT during the ORDER process as set forth in Article 126.96.36.199., shall be credited with said amount within fourteen (14) days of receipt of the PRODUCTS by THE HOTEL.
6.4.8. The return costs for a PRODUCT declared to be non-compliant with the ORDER, will be paid by THE HOTEL subject to an express request to this end made by the CLIENT under the conditions of Article 6.4.1 for postage to be sent to it at THE HOTEL’s expense.
Article 7 – Claims
7.1. For any complaint relating to an ORDER, the CUSTOMER may contact THE HOTEL by EMAIL at the HOTEL’s contact address or by telephone at its telephone number, or by going directly to its address.
Article 8 – Responsibilities of the hotel
8.1. In all cases, the HOTEL may not be held liable in the event that the ORDER is unsuccessful and that it is not registered, and in particular due to the fact that the CLIENT does not correctly carry out its ORDER according to the conditions set out in these General Terms and Conditions of Sale and according to what is displayed on the CLIENT’s fixed or mobile computer terminal during the online ORDER process.
8.2. Furthermore, by connecting and ordering on the WEBSITE, the CLIENT recognizes and accepts the characteristics and limitations of the Internet network, particularly with regard to technical performance, response times for consulting, querying or transferring information, risks of interruption, risks related to the connection, lack of protection of certain data against possible misuse and risks of contamination by possible viruses circulating on the network. The HOTEL shall not be held responsible for any malfunctions that may affect the Internet network and de facto the WEBSITE, or for any problem of configuration or related to a given terminal or browser, nor does the HOTEL guarantee that the WEBSITE will function without interruption, or that it does not contain any computer errors. Consequently, the responsibility of the HOTEL cannot, under any circumstances, be directly or indirectly engaged in the event of routing problems or communication cuts, difficulties or impossibilities of connection or failure of the WEBSITE server. In particular, the HOTEL shall not be held responsible for any damage, material or immaterial, caused to the CLIENTS, to their computer equipment and to the data stored therein, and for the consequences that may result from this on their personal, professional or commercial activity.
8.3. In any case, the HOTEL shall not be held liable in the event of non-delivery of a registered ORDER due to the CLIENT not correctly filling in the information relating to the delivery address or the identification of the recipient according to the conditions set forth in these general terms and conditions of sale and according to what is displayed on the CLIENT’s fixed or mobile computer terminal during the online ORDER process.
8.4. In all cases of force majeure and in particular due to the unpredictable and irresistible carrier, the HOTEL may not be held liable in the event of failure to deliver a registered ORDER. The execution of the HOTEL’s obligations is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution: The HOTEL will notify the CLIENT as soon as possible.
More generally, the HOTEL shall not be held responsible for the non-execution or poor execution of the ORDER in the event of force majeure, caused by a third party, caused by the CLIENT or caused by its commercial partners.
8.5.The HOTEL endeavours to ensure that the photographs and descriptions of the PRODUCTS give as accurate an overview as possible of the PRODUCTS offered for sale online on the WEBSITE. However, the Photographs are non-contractual, so that the CLIENT may not claim any claim as a result, as long as these differences between the photograph on the sales site representing the PRODUCT and the PRODUCT itself do not concern essential characteristics of the PRODUCT that are moreover falsely or inaccurately represented on the WEBSITE.
8.6.The HOTEL shall not incur any liability for any indirect and/or immaterial damages, in particular, loss of profit, operating loss, moral damages resulting from a failure to deliver all or part of the PRODUCTS ordered, or from the complete or partial non-conformity of the PRODUCTS ordered.
8.7. Hypertext links present on the WEBSITE may refer to sites other than the WEBSITE used for ORDERING PRODUCTS online from the HOTEL, whether they are sites dedicated to the services offered by the HOTEL or third party companies or partners.
8.8. In any event, the HOTEL may not be considered as the Producer of the PRODUCTS whose sale is offered for sale on the WEBSITE within the meaning of articles 1245 and following of the French Civil Code, the latter being solely and uniquely liable for damage caused by a defect in its PRODUCT, whether or not it is bound by a contract with the victim. In the event of an ordered PRODUCT delivered that proves to be defective, it is the CLIENT’s responsibility to notify this fact to the HOTEL at the contact details appearing in the preliminary article by registered mail with acknowledgement of receipt, in order to allow the HOTEL to designate its own supplier or the producer, within three months from the date on which the victim’s request was notified to it.
Article 9 – Legal Guarantees
You benefit from the legal guarantee of conformity under the conditions of articles L.217-4 and following of the consumer code and the guarantee of hidden defects under the conditions of articles 1641 and following of the civil code.
When you act in legal guarantee of conformity,
– You benefit from a two-year delay from the delivery of the PRODUCT to act ;
– You can choose between repair or replacement of the PRODUCT, subject to the cost conditions provided by Article L.217-9 of the Consumer Code ;
– For any PRODUCT purchased until March 17, 2016 at 23:59:59, you are exempt from providing proof of the existence of the PRODUCT’s lack of conformity during the six (6) months following the issuance of the PRODUCT ;
– For any PRODUCT purchased on or after midnight on March 18, 2016, you are exempted from providing evidence of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the PRODUCT;
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
You may decide to implement the warranty for hidden defects within the meaning of Article 1641 of the Civil Code. In this case, you can choose between cancellation of the sale or a reduction of the sale price (article 1644 of the civil code).
Article 10 – Intellectual property rights
Trademarks, domain names, PRODUCTS, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the HOTEL. No transfer of intellectual property rights is made through the present General Terms and Conditions of Sale. Any total or partial reproduction, modification or use of the HOTEL’s intellectual property for any reason whatsoever is strictly forbidden.
Article 11 – Data processing, freedom and private life, personal data, right to one’s image
11.1. The CUSTOMER is informed that all personal data collected during the ORDER process and in particular with regard to the creation of its CUSTOMER account as stated in article 188.8.131.52 will be subject to automated processing for which the data controller is THE HOTEL, whose full contact details are given in the preliminary article of these General Terms and Conditions of Sale.
11.2. The information containing personal data that is requested from the CLIENT during the ORDER process on the WEBSITE is intended to be communicated by the CLIENT, and is necessary for the processing of his/her ORDER by THE HOTEL.
11.3. The recipients of the personal data collected during the ORDER process are :
– The online payment service provider, and the transport service provider within the limits of what is necessary for the purposes of implementing articles 184.108.40.206, 5.10 to 5.12 of these General Terms and Conditions of Sale.
11.4. The purpose of the processing of this personal data is for the following purposes, in particular to enable THE HOTEL to :
process the ORDER;
proceed with the registration of the ORDER;
fulfil its obligations towards the CLIENT,
to integrate the CLIENT into the “CLIENT File” when it has consented during the creation of its CLIENT account to the sending of the newsletter – to carry out statistical studies, in particular in order to improve or modify the HOTEL’s PRODUCT offers and its online ORDERING system.
This data will be kept for three (3) years from the CLIENT’s last activity on the WEBSITE.
11.5. In accordance with European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and the provisions of Law No. 78-17 of January 6, 1978 on data processing, data files and individual liberties, as the latter has been amended and supplemented most recently by the law called “Informatique et Libertés” (Data Protection Act) No. 2018-493 of June 20, 2018 promulgated on June 21, 2018, each CLIENT has a right to access, rectify, oppose, portability and delete information concerning him or her, by contacting the HOTEL by email at the address of CONTACT.
11.6 The CLIENT is informed, on each of the forms for collecting personal data, and more specifically for those displayed during the ORDER process or the creation of its CLIENT account, of the mandatory or optional nature of the fields to be completed, respectively, by the presence or absence of an asterisk. In case of failure to communicate one or more data indicated as mandatory during the online ORDER process, the CUSTOMER’S ORDER will not be processed or taken into account in any way whatsoever.
11.7 In particular, in the case of online payment involving the communication of the CUSTOMER’s bank details for the purposes of payment as stated in Article 220.127.116.11, these bank details shall not be in the possession of THE HOTEL, but must nevertheless be communicated for the execution of the SALES CONTRACT by the CUSTOMER with respect to its obligation to pay the price. In any case, the CLIENT consents to this transfer for the execution of the SALES CONTRACT resulting from the Confirmation of its ORDER with THE HOTEL. In accordance with the provisions of articles 5.10 to 5.12, the payment provider Payplug, has undertaken vis-à-vis THE HOTEL to take all security and data confidentiality measures for the said transfers of data.
11.8. The WEBSITE does not generate cookies dedicated to the ORDER placed by the CLIENT for the PRODUCTS offered for sale on the WEBSITE. However, the browser used by the CLIENT for the purposes of access and completion of the online ORDERING process is likely to generate cookies that will participate in particular :
Facilitate the recognition of the CLIENT from, where appropriate, the terminal from which the ORDER is made,
to allow a tracing of the progress of its ORDER process, in particular to allow it to go back during this process,
to allow the collection of anonymized statistical and technical data on the path and progress of the ORDER process followed by the CLIENT that may be communicated to THE HOTEL identified at the beginning of this document, for the purpose of modifying and improving the technical and ergonomic aspects of the online ORDER process and the corresponding interface.
In all cases, it is the responsibility of the CLIENT who uses a terminal from which he or she places his or her ORDER online to determine the extent to which he or she wishes to neutralize or authorize the cookies generated by his or her browser used during the online ORDER process, without the liability of THE HOTEL being sought in this respect.
Article 12 – Others
12.1. These General Terms and Conditions of Sale are governed by French law.
12.2. In the event that any of the provisions of the present General Terms and Conditions of Sale are declared null and void or ineffective in any way and for any reason whatsoever, it shall be deemed to be unwritten and shall not result in the nullity of the other provisions.
12.3. All disputes that may arise between the parties in connection with the interpretation and/or execution of these General Terms and Conditions of Sale shall be subject, failing amicable agreement, to the exclusive jurisdiction of the competent court within the jurisdiction of the Court of Appeal of the registered office of the HOTEL, with the exception of disputes concerning non-trading persons and for which the legal rules for the attribution of material jurisdiction apply.
12.4. The European Commission has set up a dispute resolution platform designed to collect any complaints from consumers following an online purchase in order to forward them to the competent national mediators. This platform can be accessed by clicking here.