Vouchers / Boxes / Gift Vouchers
PREAMBLE
I-/ Definitions
In these General Terms and Conditions (GTC), the terms defined below have the following meanings:
Beneficiary: refers to the person using the Gift Certificate.
Gift Voucher: refers to the document containing the offer, the location, the validity number, the validity date, the name of the beneficiary and the description enabling the beneficiary to take advantage of an offer within an establishment. The Gift Voucher can be delivered by collection on site, or by digital means.
Gift Certificate: refers to the document containing an amount to be spent, the conditions of application, the place, the name of the Beneficiary, the validity number and the validity date. Gift Vouchers can be issued on site or digitally.
Customer: refers to the person who purchases a Gift Voucher or Gift Box, it being understood that the Customer may or may not be the Beneficiary of the service depending on whether he/she will make personal use of the Gift Voucher and/or Gift Box or whether the Gift Voucher and/or Gift Box is intended for use by another Beneficiary.
Gift Box: refers to the packaging used for on-site collection.
A Gift Box consists of the following items:
– A voucher and/or gift certificate with a description of the service
– An envelope in which the Gift Certificate is packaged.
In the digital version, only an email will allow the Gift Certificate to be printed.
The Gift Boxes defined in this way are available in a variety of themes, such as “Gift Certificate”, “Gift Box”, “Gift Voucher”.
SARL Hostellerie du Château de Rochecotte reserves the right to add to the list of Gift Boxes available for sale or to cease distribution at its sole discretion and at any time.
Personal data: refers to any information that makes it possible, particularly on the Internet, to directly or indirectly identify a natural person (surname, first name, e-mail address).
Establishment : refers to the company issuing the Gift Certificate, which is responsible for collection, invoicing, compliance of the service and all obligations relating to the offer, it being specified that this company may subcontract part of the services provided in the Gift Box to another service provider.
Service: refers to the entire offer provided by the establishment to the Beneficiary. It is the service provided by the establishment to the Beneficiary from the selection of offers contained in the Website, subject to the availability of the establishment on the dates chosen by the Beneficiary.
Site : designates the Site: https https://secure.reservit.com/
II-/ General terms and conditions of sale (GTCS)
The Establishment offers online Gift Vouchers and Vouchers to be ordered with obligation of payment, elaborated under the URL : https https://secure.reservit.com/, SARL Hostellerie du Château de Rochecotte, with a share capital of 100 000,00 Euros, headquartered at 43 rue Dorothée de Dino, 37130 COTEAUX sur Loire and registered at RCS TOURS under number 335 233 631 00019.
The Customer is invited to carefully read the entirety of these General Terms and Conditions of Sale (GTCS) which define the terms and conditions under which the sale of Gift Certificates is carried out by SARL Hostellerie du Château de Rochecotte.
ARTICLE 1: APPLICATION AND ENFORCEABILITY
Any order placed by the Customer implies his unreserved acceptance of and full compliance with these GTS.
The Customer hereby acknowledges having read the GTC prior to placing an order.
These General Terms and Conditions of Sale therefore only apply to Gift Certificate orders placed on the Site. https://secure.reservit.com/rsl/booking/indexmodal.php?customerid=1173&langcode=fr directly by telephone: +33 2 47 96 16 16, or at the establishment reception desk.
SARL Hostellerie du Château de Rochecotte 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 to all current operations, from the date on which they are brought to the attention of the Customer by any means. These General Terms and Conditions of Sale are valid from
The Customer declares that he/she has the legal capacity pursuant to article 1145 et seq. of the French Civil Code to contract and use the Site in accordance with the General Terms and Conditions of Sale and Use of the Site.
These General Terms and Conditions are intended to govern the relationship between Hostellerie du Château de Rochecotte and the Customer, in substitution for any written Contract and on all matters not covered by a written agreement, under the conditions set out in Article 2 below.
These GCS take precedence over any other document issued by the Customer, in particular any Purchasing Conditions, unless expressly agreed otherwise in advance by the Establishment. The fact that the Establishment does not avail itself of the Contract and/or these GCS at a given time shall not be construed as a waiver of its right to do so at a later date.
ARTICLE 2: CONTRACT FORMATION AND ORDERING PROCESS
The Customer places orders for Gift Boxes directly :
- By Internet on the Site: https https://secure.reservit.com/
- Through the establishment.
The procedure for placing orders on the Site comprises the following stages:
- Selection on the Site of one or more Gift Boxes added to the basket,
- Following this selection, a “basket” summary is displayed, showing all the choices and the total price of the Gift Boxes selected,
- Creation of a customer account for authentication and login,
- Enter the Beneficiary on the Gift Voucher or Gift Certificate, then enter any personalized message,
- A summary of the basket is displayed, enabling the customer to check the details of his order and make any changes he deems necessary, to choose his method of payment, to register his order and to accept these GTC by a “first click”,
- Registration of the Customer’s order after its last validation, i.e. after a “second click” on “Validate and Pay”,
- Validation of payment by the customer by credit card via a secure interface generated by Paybox. Once payment has been validated, the order is final, and an order confirmation email summarizing all the elements relating to the order will be sent to the customer.
ARTICLE 3: CONDITIONS OF USE OF GIFT VOUCHERS
Article 3.1 : In the event that the Customer is not the Beneficiary of the Gift Voucher or Gift Certificate, the latter is invited to inform the Beneficiary of the conditions set out below.
Article 3.2 : For the Gift Certificate to be valid, it must be validated. To do this, the Customer must contact SARL Hostellerie du Château de Rochecotte on the following number: +33 2 47 96 16 16.
Except in the case of online reservations, the service will only be delivered once the establishment has checked that the Gift Voucher is valid and has been paid for in full. This control implies the validation of the Gift Voucher or Gift Certificate number by the establishment to verify its effective activation.
Article 3.3 : Only the presentation of the original Gift Voucher or Gift Certificate delivered by hand by the establishment or printed from the email gives right to a service.
Article 3.4 : The Gift Box is valid according to the dates and days of the week specified on the Gift Voucher or Gift Certificate, subject to availability by SARL Hostellerie du Château de Rochecotte.
Article 3.5: The Customer acknowledges that the services of the Gift Box do not include transportation to the selected establishment.
Article 3.6: The photographs presented in the Gift Box are not contractual. Any reproduction, in whole or in part, is forbidden and may give rise to legal proceedings.
Article 3.7: In the event that the Etablissement has subcontracted another service provider to carry out part of the service on behalf of the Customer, the provision 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 or Beneficiaries.
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 the proper execution of this service. SARL Hostellerie du Château de Rochecotte will nevertheless make every effort to find an amicable solution to the dispute between the establishment and the Client.
Article 3.9: In the event of non-use within its period of validity, loss, theft or destruction of the Gift Box, the Beneficiary will not be entitled to any reimbursement or compensation of any nature whatsoever. However, we invite the Beneficiary who is unable to use his or her Gift Voucher or Gift Certificate within the stipulated period to contact SARL Hostellerie du Château de Rochecotte.
When using the Gift Box, the Beneficiary declares that he/she has sufficient insurance cover, particularly for the practice of certain physical activities. The Beneficiary is reminded that the provision of services in good safety conditions does not exempt him/her from observing the elementary rules of caution for physical activities, particularly those known as “risky”. The Client alone accepts the risks involved and releases SARL Hostellerie du Château de Rochecotte from any liability in this respect.
ARTICLE 4: OBLIGATIONS OF THE ESTABLISHMENT
SARL Hostellerie du Château de Rochecotte declares that it holds professional indemnity insurance covering the provision of its services and that it possesses all authorizations and accreditations enabling it to carry out its activities regularly and in compliance with the applicable legal and regulatory provisions.
ARTICLE 5: PRICES AND TERMS OF PAYMENT
Article 5.1: Prices
SARL Hostellerie du Château de Rochecotte reserves the right to modify its prices at any time, it being specified that the price of the gift boxes displayed on the Site is that in force on the day of the order.
In accordance with tax ruling n°2007/31 of September 18, 2007, the marketing of Gift Boxes is not subject to VAT in relations with consumers.
In the case of delivery of Gift Boxes, shipping costs, as defined in article 8.4, may be applied and invoiced in addition to the cost of the services, it being specified that the amount of these costs will be indicated before final validation of the order.
Please note that shipping costs are subject to VAT at the standard rate.
Article 5.2: Terms and conditions of payment
Payment of the order may be made by credit card, according to the choice of cards proposed on the payment page, by indicating directly in the zone provided for this purpose: the card number, its date of validity, and its control code located on the back of the card. The full amount of the order will be debited from the credit card on the day of the order. SARL Hostellerie du Château de Rochecotte reserves the right to suspend
any order processing and delivery in the event of non-payment or refusal of payment authorization by your bank. The Site allows customers to transmit their bank details confidentially and securely when placing an order (secure entry using SSL encryption) via the Paybox service.
ARTICLE 6: TERMS AND CONDITIONS FOR EXERCISING THE LEGAL 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 box containing the products ordered, to exercise his legal right of withdrawal without having to justify his decision.
Article 6.1: Dated order
In accordance with article L. 221-28 12° of the French Consumer Code, the above-mentioned right of withdrawal does not apply to “the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time”.
Thus, in the event that the customer has chosen the dates on which to use the Gift Voucher or Gift Certificate, the latter may not exercise the right of withdrawal pursuant to article L. 221-28 12° of the French Consumer Code.
Article 6.2. Personalized 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° for the supply of goods made to the consumer’s specifications or clearly personalized “.
Article 6.3. Consequences of exercising the legal right of withdrawal
If the products can be the subject of the legal right of withdrawal of 14 (fourteen) days maximum, the Customer exercising this right under the conditions provided for in this article in terms of time and methods, will be able to obtain, at his choice :
- A credit note for an amount equal to the price of the returned products, usable only on the Site;
- A refund for returned products.
After 14 days, no credit note or refund will be possible.
It is specified that the right of withdrawal also applies to the sale of goods and services that have been discounted by SARL Hostellerie du Château de Rochecotte.
All sums paid will be reimbursed within 60 days of receipt of the products for which the right of withdrawal has been exercised.
The customer is responsible for return shipping costs.
Only Gift Boxes returned on time, in their original packaging and in perfect condition will be reimbursed.
Gift Boxes must be returned to the following address:
SARL Hostellerie du Château de Rochecotte – 43 rue Dorothée de Dino, Côteaux sur Loire, 37130 – FRANCE
ARTICLE 7: PROOF OF ORDER/ARCHIVING
The Customer is expressly informed that, except in the case of an obvious error for which he/she must provide proof, the data stored in the SARL Hostellerie du Château de Rochecotte databases have evidential value with respect to orders placed.
Data stored on computer or electronic media constitute admissible and opposable evidence in the same terms and with the same probative force as any document received and stored in writing.
ARTICLE 8: DELIVERY
Article 8.1 : Availability of Gift Certificates
The Gift Vouchers and Gift Certificates offered by the Hostellerie du Château de Rochecotte SARL are products published in limited quantities, firstly because of the limited capacity of these services and secondly because of their limited validity period.
In the event of a temporary or permanent stock shortage, the Customer will be informed by the Establishment of this unavailability and the order will not be processed.
In the event of product availability, SARL Hostellerie du Château de Rochecotte will do its utmost to honour all Gift Certificate orders placed by the Customer.
In the event that the Establishment has entrusted part of the execution of the service included in the Gift Box to another service provider, and if an order cannot be honored due to a stock shortage or for any other reason, the customer may cancel the order. Subject to a request being made by registered letter with acknowledgement of receipt to the Establishment within 48 hours of being informed of the inability to honour the order, the customer will then be reimbursed for all sums paid, at the latest within 60 days from the date of receipt of the cancellation of the order by the Customer.
Article 8.2: Place of delivery
SARL Hostellerie du Château de Rochecotte sends gift boxes to destinations in France and abroad.
The Gift Boxes are delivered to the address indicated by the Customer when placing the order. SARL Hostellerie du Château de Rochecotte may not be held liable in any way whatsoever in the event of the absence of the Customer at the time of delivery or in the event of a data entry error on the part of the Customer when placing the order. It is the Customer’s responsibility to contact SARL Hostellerie du Château de Rochecotte under the conditions set out in Article 10.
Article 8.3: Delivery method and delivery time
- Delivery will take place within a maximum of 15 days from the time the Customer places the order.
- The Customer will receive an email confirming shipment of the order.
However, in the event of an obvious delay, SARL Hostellerie du Château de Rochecotte undertakes to take all necessary steps to check and rectify any malfunction in the transport service for which it is responsible.
A Gift Voucher or Gift Certificate can be sent to a Beneficiary by the customer in digital form. To do this, when placing the order, the customer ticks the “electronic delivery” box, which then delivers the Gift Voucher 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 desk for delivery of the service.
Article 8.4: Shipping costs
Shipping costs are fixed and are invoiced in addition to the price of the Gift Boxes as follows:
Simple postal delivery – €5.00 per box (mainland France).
These rates may be updated at any time depending on the rates of delivery service providers.
ARTICLE 9: NON-CONFORMITY
Article 9.1 : Reservations to be made to the carrier and the Establishment in the event of deterioration and/or any missing product. All Gift Boxes delivered must be carefully inspected by the Customer and any reservations must be made on the carrier’s delivery slip in the event of partial or total deterioration of said Gift Box.
The Customer must also indicate and justify his/her reservations to the carrier and the Establishment by registered letter with acknowledgement of receipt, within 48 hours of receiving the disputed Gift Box.
In the absence of any reservations, the Gift Box is deemed to have been delivered complete and in perfect condition and may not be the subject of any subsequent dispute with the Establishment.
Article 9.2 : Gift Box error
The Customer must notify SARL Hostellerie du Château de Rochecotte of any errors relating to the Gift Boxes ordered by registered letter with acknowledgement of receipt (see the “Contact” section of the Site) within 48 hours of receipt of the order.
Any claim not made in accordance with the rules of the present article and within the allotted time will not be taken into account and will release the Establishment from any responsibility towards the Customer.
ARTICLE 10: TRANSFER OF OWNERSHIP/TRANSFER OF RISK
The transfer of risks is established at the time of delivery of the Gift Box(es) by the Establishment to the carrier responsible for delivery, notwithstanding the reservation of ownership stipulated for the benefit of SARL Hostellerie du Château de Rochecotte in these GTC.
ARTICLE 11: CUSTOMER SERVICE-COMPLAINTS
Any request for information by the Customer should be addressed to SARL Hostellerie du Château de Rochecotte, 43 rue Dorothée de Dino, 37130 COTEAUX sur Loire, France.
- Or by telephone on +33 2 47 96 16 16
- Or via our website https://www.chateau-de-rochecotte.com/, under the heading “Contact”,
Or by registered letter with acknowledgement of receipt to the following address: SARL Hostellerie du Château de Rochecotte – 43 rue Dorothée de Dino, Côteaux sur Loire, 37130 – FRANCE
ARTICLE 12: CONTRACT INTEGRITY – CONTRACT AMENDMENT
The fact that SARL Hostellerie du Château de Rochecotte does not avail itself of one of the clauses of these GTC at a given time, either temporarily or permanently, may not be interpreted as a waiver, on its part, of its right to avail itself of one of the said conditions at a later date.
Any amendment, termination or waiver of any of the clauses of the GCS will only be valid after express written agreement validated between the Parties.
ARTICLE 13. – INTELLECTUAL PROPERTY RIGHTS
The Etablissement’s trademark, as well as all other trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Vouchers
Gifts, Gift Vouchers and Gift Boxes, their accessories and 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 trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Etablissement, is strictly forbidden and will be liable to recourse by the latter.
The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Etablissement.
ARTICLE 14. – CONFIDENTIALITY OF PERSONAL DATA
All personal data collected by SARL Hostellerie du Château de Rochecotte, by any means whatsoever, are for the exclusive use of the Establishment.
In accordance with Article 34 of the French Data Protection Act 78-17 of January 6, 1978 as amended and the General Data Protection Regulation (EU Regulation 2016/679) or “RGPD”, the Customer has the right to access, modify, rectify and delete data concerning him or her.
To exercise his rights, the Customer may contact the Establishment by e-mail at the following address: chateauhotel@rochecotte.fr
For more information about the collection and processing of personal data by SARL Hostellerie du Château de Rochecotte, customers can consult the Privacy Policy for personal data on our website https://www.chateau-de-rochecotte.com/, under the heading “Privacy Policy”.
ARTICLE 15. – ACTS OF GOD – FORCE MAJEURE
Performance by the Establishment of its obligations under these GCS will be suspended in the event of the occurrence of an act of God or force majeure in accordance with articles 1218 and 1351 of the French Civil Code, which would hinder or delay performance.
The Establishment will notify the Customer of the occurrence of such an act of God or force majeure within 45 days from the date of occurrence of the event.
Where the suspension of the performance of the Establishment’s obligations continues for a period of more than 90 days from the confirmation of the date chosen by the Establishment for the performance of the service, the Customer may cancel the current Order and the Establishment will then refund the full amount of the Order under the conditions set out in Article 8.
ARTICLE 16: NULLITY
If any of the stipulations of the present GTC were to prove null and void with regard to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without however entailing the nullitý of the present GTC, nor altering the validitý of its other provisions.
ARTICLE 17: APPLICABLE LAW
The applicable law is French law for all disputes relating, in particular, to the validity, interpretation, performance or termination of these GCS and related contracts.
ARTICLE 18: JURISDICTION (SETTLEMENT OF DISPUTES)
In application of law n°2016-301, the Beneficiary may, if he so wishes and without this being obligatory, have recourse to the consumer mediator concerning disputes arising from consumption, whose contact details are as follows:
MTV – MEDIATION TOURISME VOYAGE, Service dépôt des saisines, CS 30958, 75383 PARIS CEDEX 08
The customer may also contact a mediation body: MTV Médiation Tourisme et Voyage.
Before making a complaint, the customer must write to the restaurant concerned by registered letter with acknowledgement of receipt.
To contact the mediation body, the customer must fill in a claim form available on the https://www.mtv.travel/demande-saisine/et website, and follow the steps indicated on the site.
The competent court will be the Commercial Court of Tours (37000) in the case of a dispute between merchants and assimilated persons (companies, branches, etc.) and will be that of the place of domicile of the defendant in the case of a dispute with a consumer or, at the choice of the plaintiff, the place of actual delivery of the Gift Box in other cases.
Mediator Contact
MTV – MEDIATION TOURISME VOYAGE, Service dépôt des saisines, CS 30958, 75383 PARIS CEDEX 08
