Reservation Condition - Gift Vouchers
1. DEFINITIONS
The following terms will be defined in these General Conditions of Sale with the following meanings:
Gift Voucher: designate the document containing the offer, the location, the validity date and the description allowing you to take advantage of an offer within an establishment. The Gift Voucher will be delivered by post.
A Gift voucher is made up of the following elements: a nominative gift voucher with the description of the service offered and the names of the beneficiaries, and the validity date.
Establishment CLOS DES RAISINS SARL: designates the company issuing the Gift Voucher which is responsible for collections, invoicing, delivery tracking, compliance of the service and all obligations relating to the offer.
Beneficiary: designate the person using the Gift Voucher.
Service: designate the entire offer provided by the establishment to the beneficiary. This is the service provided by the establishment to the beneficiary from the selection of offers contained on the Website, subject to the availability of the establishment on the dates chosen by the beneficiary.
Customer: designate the person who purchases a Gift Voucher, it being understood that the Customer may or may not be the beneficiary of the service depending on whether it will be for personal use or intended for a beneficiary.
Party(ies): designate the Client and/or CLOS DES RAISINS SARL
Site: designate the Site http://clos-des-raisins.com
Personal data: designate all information allowing, particularly on the Internet, to directly or indirectly identify a natural person (surname, first name, email address).
2- GENERAL CONDITIONS OF SALE
You are offered online Gift Vouchers developed by CLOS DES RAISINS SARL under the URL: http://www.clos-des-raisins.com
CLOS DES RAISINS has the status of SARL with capital of 20,000 Euros, whose head office is at 5 rue des Raisins – 68980 BEBLENHEIM, registered under Siret number 505 041 459 00015 and APE code 5520Z registered in the COLMAR RCS .
We invite you to carefully read the entire General Conditions of Sale which imply the terms and conditions under which CLOS DES RAISINS sells its Gift Vouchers.
These General Conditions of Sale therefore only apply to orders for Gift Vouchers placed on the Site https://clos-des-raisins.com directly or by telephone: +33 (0)3 89 79 45 11
These General Conditions of Sale are valid from January 1, 2016. They cancel and replace all previous versions of these conditions and prevail over all other general conditions of the Customer.
CLOS DES RAISINS SARL reserves the right to modify the present General Conditions at any time, without notice, it being understood that such modifications will not be applicable to orders previously accepted and confirmed by CLOS DES RAISINS.
Any Customer declares to have the legal capacity in accordance with article 1124 of the Civil Code for entrepreneur and to use the Site in accordance with the General Conditions of Sale and use of the Site.
ARTICLE 1: PROCESS FOR REQUEST FOR GIFT VOUCHERS
You can request Gift Vouchers:
• via the Internet on the Site: http://www.clos-des-raisins.com
• by telephone: +33 (0)3 89 79 45 11
The procedure for placing orders on the Site includes the following steps:
• Choose your room(s) as well as the number of nights desired (2 nights minimum are requested) as well as the option with the dates already defined or with the dates to be defined later by the beneficiaries.
• Fill out the contact form with your contact details, the names of the beneficiaries and validate it for sending.
• Upon receipt of your request we will send you a detailed proposal by email summarizing all the elements relating to it.
• After having confirmed our proposal by email or post we will send you by email a reservation contract with the conditions which you will kindly return to us signed before the date of the option indicated on it, accompanied by the total payment of the stay by bank check payable to CLOS DES RAISINS SARL or by bank transfer.
ARTICLE 2: CONDITIONS OF USE OF GIFT VOUCHERS AND LIABILITY
2.1: In the event that you are not the beneficiary of the Gift Voucher, you are invited to bring to the attention of the beneficiary the conditions set out below.
2.2: For the Gift Voucher to be valid, it must be validated. To do this, you must contact CLOS DES RAISINS at the following number: +33 (0)3 89 79 45 11 or by email to check availability according to your dates of stay.
2.3: Once the date of stay has been set and confirmed, this date can no longer be changed.
2.4: Gift Vouchers are non-exchangeable and non-cancellable beyond the legal withdrawal period.
2.5: Only presentation of the original Gift Voucher received by post entitles you to a service.
2.6: The Gift Voucher entitles you to Services developed by CLOS DES RAISINS SARL, as indicated on the Site
2.7: The Gift Voucher is valid for a period of 1 year from the date the gift voucher is sent, this date is also indicated on the gift voucher. It should be noted that the start date of the stay cannot under any circumstances occur before the 14-day withdrawal period has passed.
2.8: The Gift Voucher services do not include transport to the location of the service.
2.9: The photographs presented in the Gift Voucher are not contractual. Any partial or complete reproduction is prohibited.
2.10: The delivery of the service will take place after the establishment has verified the validity of the Gift Voucher and full payment thereof.
2.11: The delivery of the Service is subject to the specific conditions of the selected establishment, in particular in terms of cancellation or modification of the reservation.
2.10: The establishment is solely responsible for the proper execution of the service. CLOS DES RAISINS SARL cannot be held liable for the performance of the service.
2.11: In the event of non-use during its validity period, loss, theft or destruction of the Gift Voucher, the beneficiary will not be able to claim a refund or compensation of any kind whatsoever.
2.12: CLOS DES RAISINS SARL declares that it holds professional civil liability insurance for amounts clearly sufficient for the provision of services and possesses all authorizations and diplomas allowing it to carry out its activities regularly and in accordance with the provisions. applicable legal and regulatory requirements.
PRICES AND PAYMENT CONDITIONS
Article 3.1: Price
Prices are displayed on our site according to the type of room chosen and are per night, breakfast and tourist tax included. The prices are those in force on the day of the order, and subject to the VAT in force.
Article 3.2: Payment conditions
Payment for the order can be made by bank check or transfer
ARTICLE 4: RIGHT OF WITHDRAWAL
When purchasing a Gift Voucher, under the terms of article L.121-21 of the Consumer Code, you benefit from a period of 14 clear days (from the date of shipment of the product ) to exercise your right of withdrawal without having to provide reasons or pay penalties, with the exception of return costs.
A standard withdrawal form can be downloaded from the following link: ‘Withdrawal form’
Return costs will remain your responsibility. Only Gift Vouchers returned on time and in perfect condition will be refunded. Gift Vouchers must be returned to the following correspondence address:
CLOS DES RAISINS SARL – 5 rue des Raisins – 68980 BEBLENHEIM
Any return made in accordance with the conditions of this article will result in a refund of the total amount paid (with the exception of delivery costs) at the latest within 14 days from receipt of the Gift Voucher, by check or transfer. bank, which you declare to accept without reservation.
ARTICLE 5: PROOF OF ORDERS/ARCHIVING
You are expressly informed that, unless there is a manifest error for which you provide proof, the data stored in the CLOS DES RAISINS SARL databases have probative force regarding orders placed.
Data stored on computer or electronic media regularly constitute admissible and enforceable evidence under the same terms and with the same probative force as any document received and kept in writing.
Article 6.: DELIVERY
Article 6.1 Delivery
CLOS DES RAISINS SARL ships Gift Vouchers only in EUROPE.
The Gift Vouchers will be delivered to the address you indicated when entering your order. The responsibility of CLOS DES RAISINS SARL cannot therefore under any circumstances be incurred in any capacity whatsoever in the event of absence on your part during delivery or in the event of an entry error, on your part, during the handover. . of the order. It will be your responsibility to contact CLOS DES RAISINS SARL under the conditions provided for in article 10.
Artice 6.2: Method of delivery and delivery time
• Delivery will be made by La Poste within a maximum period of 6 days from receipt of the duly completed and signed reservation contract as well as payment for the entire stay.
• You receive an email confirming the dispatch of your gift voucher.
However, in the event of an obvious delay, CLOS DES RAISINS SARL undertakes to implement any useful action in order to control and then resolve any malfunction in the transport service which is attributable to it.
ARTICLE 7: NON-COMPLIANT
Article 7.1: Gift Voucher Error
The Customer must communicate by letter or email (“Contact” section of the Site), within 72 working hours of receipt of the order, any error relating to the Gift Vouchers ordered.
Any complaint not made in accordance with the rules of this article and within the allotted time limits cannot be taken into account and will release Clos des Raisins Sarl from any liability towards the Client.
ARTICLE 8: TRANSFER OF PROPERTY/TRANSFER OF RISKS
The transfer of ownership and risks will take place at the time of delivery of the Gift Voucher(s) to the Customer.
ARTICLE 9: DURATION OF VALIDITY OF GIFT VOUCHERS
Gift Vouchers have a limited use period of 1 year, indicated on the Gift Voucher.
ARTICLE 10: CUSTOMER SERVICE-CLAIM
Any other request for information and details must be addressed to CLOS DES RAISINS SARL:
• or by telephone at +33 (0)3 89 79 45 11
• either through our Website: www.clos-des-raisins.com by referring to the “Contact” section,
• or by mail, to the following address: CLOS DES RAISINS SARL – 5 rue des Raisins – 68980 BEBLENHEIM
ARTICLE 11: INTEGRITY OF THE CONTRACT – MODIFICATION OF THE CONTRACT
The fact that CLOS DES RAISINS does not avail itself at a given moment of one of the clauses of the present General Conditions of Sale cannot be interpreted as a valiant waiver, on its part, to avail itself subsequently of one of the said conditions.
In the event that one of the present provisions were to be declared null or deemed unwritten, the validity of the other provisions of the General Conditions of Sale will not be called into question.
Any amendment, termination or abandonment of any of the clauses of the General Conditions of Sale will only be valid after express agreement validated between the Parties.
ARTICLE 12. – INTELLECTUAL PROPERTY RIGHTS
The Establishment’s brand as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on the Gift Vouchers, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the Establishment.
Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of the Establishment, is strictly prohibited and will be subject to recourse by the part of the latter.
The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Establishment.
ARTICLE 13. – CONFIDENTIALITY OF DATA
The information requested from the Customer is necessary to process the Order.
In the event that the Customer agrees to communicate individual personal data, he has an individual right of access, withdrawal and rectification of this data under the conditions provided for by law no. 78-17 of 6 January 1978 relating to computing, files and freedoms. The Customer must send any written request to the following address:
CLOS DES RAISINS SARL – 5 rue des Raisins – 68980 BEBLENHEIM
ARTICLE 14. – FORTUITIVE EVENT – FORCE MAJEURE
The execution by the Establishment of its obligations under the terms of these General Conditions of Sale will be suspended in the event of the survival of a fortuitous event or force majeure which would generalize or delay its execution.
The Establishment will notify the Client of the survival of such a fortuitous event or force majeure within 15 days from the date of the occurrence of the event.
When the suspension of the execution of the Establishment’s obligations continues for a period greater than 60 days, the Customer has the possibility of terminating the current Order and the Establishment will then reimburse the Order under the conditions referred to . in article 4.
ARTICLE 15: APPLICABLE LAW
The law imposing the General Conditions of Sale and the contract concluded when ordering a Gift Voucher is French law for all disputes relating, in particular, to their validity, interpretation, execution or termination.
ARTICLE 16: COMPETENT JURISDICTION (RESOLUTION OF DISPUTES)
The competent court in the event of a dispute will be that of the defendant’s place of residence or, at the plaintiff’s choice, the actual place of delivery of the Gift Voucher.