General sales conditions
General Terms and Conditions
The terms defined below have, in these General Terms and Conditions (GTC), the following meanings:
Beneficiary: this refers to the person using the Gift Voucher or Gift Card.
Gift Voucher: this refers to the document including the offer, the place, the validity number, the validity date, the name of the Beneficiary and the description allowing use of the Voucher in an Establishment. Gift Vouchers can be issued by post, by collection in-store, or by email.
Gift Card: this refers to the document including the amount available to spend, the conditions of application, the place, the name of the Beneficiary, the validity number and the validity date. Gift Cards can be issued by post, by collection in-store or by email.
Customer: this refers to the person who buys a Gift Voucher or Card, and with the understanding that the Customer may or may not be the Beneficiary of the service based on whether he/she shall personally use the Gift Voucher and/or Gift Card or that the Gift Voucher and/or Gift Card is intended for use by another Beneficiary.
Gift Pack: this is the packaging used in the case of postal delivery.
A Gift Pack has the following components:
- A Gift Voucher and/or Card with the description of the service
- An envelope or box containing the Gift Voucher.
The Gift Voucher or Gift Card must be printed in the case of delivery by email.
Gift Packs are defined based on a variety of themes, such as "Gastronomy", "Trip", "SPA", etc.
LE CHATEAU D’ETOGES reserves the right to add to the list of Gift Packs available for sale or cease their distribution at its sole discretion and at any time.
Personal data: refers to all the information allowing, especially online, the direct or indirect identification of a natural person (surname, first name, email address).
Establishment: this refers to the company issuing the Gift Voucher who is responsible for the receipts, invoicing, delivery follow-up, conformity of the service and all the obligations related to the offer, and it is specified that it may have to subcontract part of the services provided in the Gift Pack to another provider.
Console My Box®: this refers to the license of the online software allowing an Establishment to market these services online in the form of Gift Packs and to ensure the management and monitoring of these offers.
Ingenico: this refers to the company responsible for the security and payment of banking transactions.
Service: this refers to the entire offer presented by the Establishment to the Beneficiary. This is the service provided by the Establishment using the Console My Box® to the Beneficiary from the selection of offers included on the Website, subject to the Establishment's availability on the dates chosen by the Beneficiary.
Website: this refers to the Website https://etoges.secretbox.fr
II-/ General Terms and Conditions (GTC)
The Establishment offers Gift Vouchers and Cards to be ordered online with obligation of payment, developed under the URL: https://etoges.secretbox.fr, LE CHATEAU D’ETOGES , ANONYME SOCIETY , with a share capital of 306 000 Euros Euros, whose registered office is located at 4 Rue Richebourg 51270 ETOGES, France, registered on the TRADE AND COMPANIES REGISTER OF EPERNAY under number 379 592 884.
The Customer is invited to carefully read these General Terms and Conditions of Sale (GTC) which define the terms and conditions under which the sale of the Gift Vouchers is made by LE CHATEAU D’ETOGES .
ARTICLE 1: APPLICATION AND OPPOSABILITY
All orders placed by the Customer involve his/her acceptance without reservation and full compliance with these GTC.
The Customer acknowledges having read the GTC prior to ordering.
These General Terms and Conditions of Sale therefore apply only to Gift Vouchers or Cards placed on the Website https://etoges.secretbox.fr, directly by telephone: +33 3 26 59 30 08, or at the Establishment's reception.
LE CHATEAU D’ETOGES reserves the right to modify these GTC at any time. In this case, the new conditions will apply to all new orders, as well as all pending transactions, from the date they are made known to the Customer by any method. These General Conditions of Sale are valid from 2018-09-05. They cancel and replace all previous versions of these conditions from this date.
The Customer declares to have the legal capacity in accordance with Article 1145 and following of the French Civil Code to contract and use the Website in accordance with the General Terms and Conditions of Sale and use of the Website.
The purpose of these GTC is to govern relations between LE CHATEAU D’ETOGES and the Customer, in addition to any written Contract and on all matters that have not been the subject of a written agreement, under the conditions provided for in Article 2 below.
These GTC take precedence over any other document issued by the Customer, including any Purchasing Conditions, except in the case of the Establishment's prior express agreement. The fact that the Establishment does not prevail at a given moment in the Contract and/or these GTC shall not be construed as a waiver of the right to use them on a future occasion.
ARTICLE 2: CONTRACT FORMATION AND ORDERING PROCESS
The Customer places Gift Pack orders directly:
- Online by visiting the Website: https://etoges.secretbox.fr
- By telephone: +33 3 26 59 30 08
- At the Establishment
The ordering process on the Website consists of the following stages:
- Selection on the Website of one or several Gift Packs that are then added to the shopping basket;
- After selection, a summary called the "shopping basket" is displayed, showing all choices made and the total price of the selected Gift Packs;
- Creation of a Customer account to enable Customer identification and account log-in;
- The Beneficiary completes information for the Gift Voucher or the Gift Card, then enters an optional personalised message;
- Selection of the delivery method and the delivery address;
- The shopping basket summary is displayed, allowing the Customer to check the detail of his/her order and then make any changes, choose the payment method, confirm the order and accept these GTC with a "first click";
- The Customer's order is recorded after the last confirmation, or after a "second click" on "Confirm and Pay";
- Payment validation by the Customer by bank card via a secure interface generated by Ingenico. Once the payment is confirmed, the order is final and an order confirmation summarising all the details relating to that order will be sent to the Customer;
- After the order is confirmed, the Customer will be able to access his/her account and track the order.
ARTICLE 3: CONDITIONS OF USE FOR GIFT VOUCHERS
Article 3.1: In the event that the Customer is not the Beneficiary of the Gift Voucher or Gift Card, he/she is invited to inform the Beneficiary of the conditions set out below.
Article 3.2: For the Gift Voucher or Gift Card to be valid, it must be validated. For this, the Customer must contact the LE CHATEAU D’ETOGES on the following number: +33 3 26 59 30 08.
Note that except in the case of online booking, the delivery of the service will occur after the Gift Voucher's validity has been checked and full payment made. This check involves the validation of the Gift Voucher or Gift Card number by the Establishment to ensure it is effectively activated.
Article 3.3: The service can only be provided if the original Gift Voucher or Gift Card received by post or printed from the email is presented.
Article 3.4: The Gift Pack is valid based on the dates and days of the week specified on the Gift Voucher or the Gift Card, subject to availability by the LE CHATEAU D’ETOGES .
Article 3.5: The Customer acknowledges that the services of the Gift Pack do not include transport to the place of the selected Establishment.
Article 3.6: The photographs presented in the Gift Pack are non-contractual. Any partial or entire reproduction is prohibited and may lead to legal proceedings.
Article 3.7: In the event where the Establishment has subcontracted to another service provider a portion of the execution of the service on behalf of the Customer, the delivery of the Service is subject to the specific conditions of this service provider, particularly in terms of cancellation or modification of the reservation, the age limit and the physical conditions of the Beneficiary(ies).
Article 3.8: In this case, the service provider, who has been entrusted with the execution of the service on behalf of the Customer, is solely responsible for properly executing this service. LE CHATEAU D’ETOGES will nevertheless make its best efforts to try to find an amicable solution to the conflict between the Establishment and the Beneficiary.
Article 3.9: In the event of non-use in its period of validity, loss, theft or destruction of the Gift Pack, the Beneficiary may not claim a refund or compensation of any kind whatsoever. However, we invite the Beneficiary who is unable to use his/her Gift Voucher or Gift Card within the period provided to contact LE CHATEAU D’ETOGES .
In the context of the use of the Gift Pack, the Beneficiary declares to have sufficient insurance cover, particularly for practising certain sports activities. The Beneficiary is reminded that the provision of benefits in good security conditions does not exempt him/her from observing the elementary precautionary rules for sports activities, especially those known as "at risk". The Beneficiary accepts the risks accordingly and releases LE CHATEAU D’ETOGES from all responsibility in this respect.
ARTICLE 4: OBLIGATIONS OF THE ESTABLISHMENT
LE CHATEAU D’ETOGES declares to be the holder of professional indemnity insurance relating to the supply of the services and to possess all the authorisations and accreditations allowing it to exercise its activities on a regular basis and in conformity with the applicable legal and regulatory provisions.
ARTICLE 5: PRICES AND CONDITIONS OF PAYMENT
Article 5.1: Price
LE CHATEAU D’ETOGES reserves the right to modify its prices at any time, and it is specified that the price of the Gift Packs displayed on the Website is that in force on the day the order is placed.
In accordance with French tax code No. 2007/31 of 18 September 2007, the marketing of Gift Packs is not subject to VAT in relations with consumers.
In the event of Gift Pack delivery by post, the shipping costs, as defined in Article 8.4, may be charged and invoiced in addition to the cost of the services, and it is specified that the amount of these costs will be indicated before the final order confirmation.
It is specified that the shipping costs are subject to VAT at the normal rate.
Article 5.2: Conditions and payment method
Payment for the order may be made by bank card depending on the choice of cards offered on the payment method page, by indicating directly in the area designated for this purpose: the card number, its expiry date, as well as its Verification Code on the reverse of the card. The order amount will be debited from the bank card on the day of the order. LE CHATEAU D’ETOGES reserves the right to suspend all order processing and all delivery in the event of non-payment or refusal of payment authorisation from your bank. The Website allows the Customer to enter his/her bank details confidentially and securely when ordering (secure entry by SSL encryption) through the Ingenico service.
ARTICLE 6: MODALITIES FOR EXERCISING THE RIGHT OF WITHDRAWAL
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the date of receipt of the Gift Pack containing the products ordered, to exercise his/her right of withdrawal without having to justify his/her decision.
Article 6.1: Dated order
In accordance with Article L. 221-28 12° of the French Consumer Code, the right of withdrawal mentioned above does not apply to "provision of accommodation services, other than residential accommodation, transportation of goods, car rentals, catering or leisure activities which must be provided on a specified date or period."
Thus, in the event that the Customer has selected dates to use the Gift Voucher or Gift Card, the latter cannot exercise the right of withdrawal pursuant to Article L. 221-28 12° of the French Consumer Code.
Article 6.2. Personalised Gift Voucher
In accordance with Article L. 221-28 3° of the French Consumer Code, "The right of withdrawal cannot be exercised for contracts: (...) 3° supply contracts of goods made to the specifications of the consumer or are clearly personalised".
Article 6.3. Consequences of exercising the legal right of withdrawal
LE CHATEAU D’ETOGES provides the Customer with a withdrawal form that can be accessed on the Website: https://etoges.secretbox.fr
If the products are subject to the legal right of retraction, the Customer, exercising this right in the conditions set out in this article in terms of time and modalities, will be able to choose between:
- a credit of an amount equal to the price of the returned products, usable only on the Website;
- a reimbursement for the returned products.
It is specified that the right of withdrawal also applies to the sale of goods and services that have been subject to a discount by LE CHATEAU D’ETOGES .
The reimbursement of all amounts paid, including the delivery fees, will take place within 90 days from the reception of the products that are subject to the right of withdrawal.
Return costs are the responsibility of the Customer.
Only Gift Packs returned within the stated period in their original packaging and in perfect condition will be reimbursed.
Gift Packs must be returned to the following address:
LE CHATEAU D’ETOGES , 4 rue Richebourg 51270 ETOGES, France
ARTICLE 7: PROOF OF ORDER/ARCHIVING
The Customer is expressly informed that, unless in the event of obvious error for which he/she must provide proof, the data stored in the databases of LE CHATEAU D’ETOGES has probative value as to the orders placed.
Data on a computer or electronic medium that is regularly maintained is admissible and enforceable evidence in the same terms and with the same probative force as any document that is received and kept in writing.
ARTICLE 8: DELIVERY
Article 8.1: Availability of Gift Vouchers
The Gift Vouchers and Gift Card offered by LE CHATEAU D’ETOGES are products made available in a limited quantity, on the one hand because of limited capacity and on the other hand because of the limited validity of these services over time.
Should stocks temporarily or permanently run out, the Customer will be informed by the Establishment of this unavailability and the order cannot be placed.
Should products be available, LE CHATEAU D’ETOGES will do whatever possible to honour any order of Gift Voucher placed by the Customer.
In the event that the Establishment has entrusted part of the performance of the service included in the Gift Pack to another service provider and if an order cannot be honoured due to stock running out or any other reason, the Customer will have the option of cancelling his/her order. Subject to making the request by recommended letter with acknowledgement of receipt within 48 hours of the notification of the inability to honour the order, the Customer will be reimbursed for the total amount spent within 60 days from the reception date of the cancellation of the order by the Customer.
Article 8.2: Place of delivery
LE CHATEAU D’ETOGES ships Gift Packs in EUROPE only.
The Gift Packs are delivered to the address indicated by the Customer when the order is placed. LE CHATEAU D’ETOGES cannot be held liable in any way whatsoever in the event of the Customer's absence during delivery or if the Customer makes an error when placing the order. It is the Customer's responsibility to contact the LE CHATEAU D’ETOGES under the conditions set out in Article 10.
Article 8.3: Delivery method and period
- The delivery will be made within 30 days of the order placement by the Customer.
- The Customer will receive an email confirming the order shipment.
However, in the event of obvious delay, LE CHATEAU D’ETOGES undertakes to implement any useful action in order to check and settle any malfunction of the transport service in question.
A Gift Voucher or Gift Card can be sent to a Beneficiary by the Customer if opting for email delivery. To do this, when ordering, the Customer must tick the box "email delivery" which then issues the Gift Voucher or Card in a PDF format that can be downloaded by the Beneficiary. The Beneficiary must then print it in order to present it at the Establishment's reception to receive the service.
Article 8.4: Shipping costs
The shipping costs are fixed and are charged in addition to the price of the Gift Packs as follows:
Tracked letter delivery - €8.
These costs may be updated at any time depending on the rates of the delivery providers.
ARTICLE 9: NON-COMPLIANCE
Article 9.1: Claims to be issued to the carrier and the Establishment for damage and/or any missing product. All Gift Packs delivered must be carefully checked by the Customer and any claims must be indicated on the carrier's note in case of partial or total damage of the Gift Pack.
The Customer must also indicate and explain his/her claims to the carrier and the Establishment by registered letter with acknowledgement of receipt, within 48 hours from receipt of the contested Gift Pack.
In the absence of any claim, the Gift Pack is deemed delivered in perfect condition and no subsequent complaint can be made to the Establishment.
Article 9.2: Errors in a Gift Pack
The Customer must inform the Establishment by registered letter with acknowledgement of receipt about any error relating to the Gift Packs ordered ("Contact" section of the Website), within 48 hours of receipt of the order.
Any claim not made according to the rules of this article and within the specified timeframe cannot be considered and the Customer cannot hold the Establishment liable in any way whatsoever.
ARTICLE 10: TRANSFER OF OWNERSHIP/TRANSFER OF RISKS
The transfer of risk is established at the time of delivery of the Gift Pack(s) by the Establishment to the carrier responsible for delivery, notwithstanding the reservation of ownership stipulated, to the benefit of LE CHATEAU D’ETOGES in these GTC.
ARTICLE 11: CUSTOMER SERVICE - COMPLAINTS
All information request by the Customer must be sent to LE CHATEAU D’ETOGES :
- By telephone to +33 3 26 59 30 08 or
- Via our Website at https://etoges.secretbox.fr/ by clicking on the "Contact" section, or
- By registered letter with acknowledgement of receipt to the following address: LE CHATEAU D’ETOGES , 4 rue Richebourg 51270 ETOGES, France
ARTICLE 12: CONTRACT INTEGRITY - CONTRACT AMENDMENT
The fact that the LE CHATEAU D’ETOGES does not avail itself at one time or another of any of the clauses in these GTC shall not be interpreted as a waiver, for its part, to avail itself subsequently of one of the said conditions.
Any amendment, termination or abandonment of any of the clauses of the GTC will be valid only after express agreement and written validated between the Parties.
ARTICLE 13. - INTELLECTUAL PROPERTY RIGHTS
The brand of the Establishment and any figurative marks and more generally all other brands, illustrations, images and logos appearing on Gift Vouchers, Gift Cards and Gift Packs, their accessories and their packaging, whether filed or not, are and will remain the exclusive property of the Establishment.
Any total or partial reproduction, modification or use of these marks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of the Establishment, is strictly prohibited and may be appealed by the latter.
This also applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. This also applies to any copyright, design, model and patent that are the property of the Establishment.
ARTICLE 14. - CONFIDENTIALITY OF PERSONAL DATA
All personal data collected by LE CHATEAU D’ETOGES , by any method whatsoever, is for the reserved use of the Establishment.
In accordance with Article 34 of the amended law 78-17 of the French Data Processing and Civil Liberties Law of 6 January 1978 and the General Data Protection Regulation (EU Regulation 2016/679) or " GDPR", the Customer has the right to access, modify, rectify and delete any data concerning him/her.
To exercise his/her rights, the Customer can contact the Establishment by e-mail at the following address: Establishment's email address.
ARTICLE 15. – FORTUITOUS EVENTS OR FORCE MAJEURE
The execution by the Establishment of its obligations under the present GTC will be suspended in case of occurrence of a fortuitous event or force majeure in accordance with Articles 1218 and 1351 of the French Civil Code which would hinder or delay the execution.
The Establishment will notify the Customer of the occurrence of such a fortuitous event or force majeure within 45 days from the date of occurrence of the event.
When the suspension of the execution of the Establishment's obligations continues for a period greater than 90 days from the confirmation of the date chosen for the completion of the service by the Establishment, the Customer may terminate the pending order and the Establishment will then refund the total amount of the order under the conditions referred to in Article 8.
ARTICLE 16: NULLITY
If any of the stipulations of the present GTC prove to be null according to a rule of law in force or of a judicial decision made definitive, it would then be considered not written, without causing the nullity of these GTC, and it will not affect the validity of the other provisions.
ARTICLE 17: APPLICABLE LAW
The applicable law is French law for all disputes relating, in particular, to the validity, the interpretation, the execution or the cancellation of the present GTC and the related contracts.
ARTICLE 18: COMPETENT JURISDICTION (SETTLEMENT OF DISPUTES)
In application of law No. 2016-301, the Beneficiary may, if he/she wishes it and without it being obligatory, use a Consumer Ombudsman for any consumer disputes that may arise, whose details are as follows: MTV Médiation Tourisme Voyage - BP 80 303 – 75 823 Paris Cedex 17 - http://www.mtv.travel
The competent court will be the REIMS Commercial Court in the event of dispute between the traders and similar persons (companies, branches, etc.) and will be that of the defendant's place of residence in the event of a dispute with a consumer or, at the choice of the applicant, the actual delivery place of the Gift Set in the other cases.