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GENERAL TERMS AND CONDITIONS OF ONLINE SALES FOR THE YEAR 2006 IN FRANCE
FOREWORD
These conditions are agreed between GRAND DELTA S.A.S., registered at the Montpellier trade registry under number B337 493 860 00015 and located at La Grande Motte, 34280, le Point Zéro, hereafter referred to as 'GRAND DELTA S.A.S. "and all persons wishing to make a purchase via the GRAND DELTA S.A.S Internet site. www.thalasso-grandemotte.com hereafter referred to as the user".
Gift vouchers may only be dispatched to E.U. member countries. For all other destinations, the user should contact the GRAND DELTA S.A.S. bookings department.
These conditions only apply to individuals and not to retailers.
All parties are agreed that their relations will be exclusively governed by this contract, to the exclusion of all other conditions previously available on the site.
If any of these conditions fails to be met, it will be considered to be governed by the usual practices in force in the sector of mail order sales.
SUBJECT - TERMS AND CONDITIONS FOR ONLINE SALES OF GIFT VOUCHERS
These conditions aim to define the terms and conditions for sales between GRAND DELTA S.A.S. and the user, from ordering services through to payment and delivery. They regulate all the stages required for placing the order and ensure the tracking of this order between the relevant contracting parties.
THE PRINCIPLE OF THE GIFT VOUCHER
The user buys a Spa service or a Hotel room as a gift for a beneficiary. The gift voucher is presented in the form of a card inside which the names of the service(s) offered are written, as well as the beneficiary's name and the period of validity. Once the beneficiary receives their gift voucher, they then simply contact the bookings department to reserve their treatment on the date of their choice, subject to availability.
The user can also be the beneficiary. In this case, the user must contact us AT LEAST one week beforehand to book the service(s) ordered, so that we may best satisfy the user's choice depending on availability.
ORDER
The user can place their order online via the list of online services.
The order can only be placed on the site if the user has clearly identified themselves by completing the online order form.
All orders placed imply acceptance of the prices and description of services as available for sale.
GRAND DELTA S.A.S. agrees to honour all orders placed on the Internet site.
The gift vouchers are not exchangeable or reimbursable, nor can they be claimed concurrently with any other promotions offered by GRAND DELTA S.A.S.
The gift voucher services must be used within the period of validity stated on the gift voucher. If this is not the case, the services will not be reimbursed nor exchanged.
The services sold as gift vouchers are valid for the current year. (opening date of the Establishment from the 30.01.2005 to the closing date on the 24.12.2005).
DISPATCH OF GIFT VOUCHERS
GRAND DELTA S.A.S. will only use La Poste postage services, at the normal rate for sending gift vouchers.
GRAND DELTA S.A.S. agrees to send the gift vouchers within a maximum of 3 weeks from the date that the online order is placed, notwithstanding strikes or other action that may cause delays to the national and regional postal services. GRAND DELTA S.A.S. accepts no responsibility in the event of delivery delays. Gift vouchers will only be sent during weekdays and not on public holidays.
The user can choose for their vouchers to be delivered:
- To their home address
- Or to a private address other than the billing address, namely the address of the beneficiary of the gift voucher.
SERVICES
The user can consult a glossary that explains the various treatments or services offered for sale.
THE PERIOD OF VALIDITY OF THE GIFT VOUCHERS
The services offered as gift vouchers are generally subject to FOUR price periods (including one pricing period specifically for one-day packages for Fitness and Sun and Relaxation) spread over the current year (from the date of opening to the date of closure of the Establishment or from the 30.01.2005 to the 24.12.2005)
LOW SEASON: Period of validity of gift vouchers: from the 30.01.2005 to the 19.02.2005 and from the 30.10.2005 to the 24.12.2005. The gift voucher services, as well as the orders set up for the user, purchased in this period, must be used within the dates stated.
MID-SEASON: Period of validity from the 20.02.2005 to the 02.04.2005 and from the 04.09.2005 to the 29.10.2005. The gift voucher services* purchased for use during this period may be used during the current year, that is, from the 30.01.2005 to the 24.12.2005.
*Excluding one-day Fitness and Sun and Relaxation packages; these two packages purchased for this period will not be valid and must be used within the dates stated above. For packages valid all year round and without an expiry date, refer to the SINGLE PRICE period;
HIGH SEASON: Period of validity from the 03.04.2005 to the 03.09.2005. The gift voucher services, as well as the orders set up for the user, purchased for this period, must be used within the dates stated.
SINGLE PRICE PERIOD ONE-DAY PACKAGES VALID FOR THE CURRENT YEAR: The following two services - Fitness and Sun package and Relaxation package purchased for the single price over the year are valid for the period from 30.01.2005 to the 24.12.2005.
MEANS OF PAYMENT
The user can choose to pay for the gift voucher services online by credit card (carte bleue, Visa, Eurocard, Mastercard, AMEX).
The user will not be charged any shipping fees or handling fees.
Your payment request is sent in real time to the secure telepayment system, which then performs various checks to prevent any risk of misuse of data or fraud.
In all cases, your card number entered online and the final confirmation of your order act as an electronic signature and proof of all sums paid in full for the aforementioned order, in accordance with the law of the 13th March 2000.
PRICES
The prices stated are indicated in euros and include all taxes. They include VAT at the rate applicable on the day the order is placed. These prices may be changed at any time. The prices for services ordered on the site as stated in the general pricing guide from where they are taken and the period of validity stated in the pricing guide shall be considered as authentic. These prices are guaranteed, except in cases of typographical or printing errors.
SIGNATURE AND PROOFS OF PURCHASE
RESPONSABILITY
The GRAND DELTA S.A.S. Company only has a duty of due care, for all stages in accessing the site, from the process of placing orders for gift vouchers to delivery. GRAND DELTA S.A.S. will not be held responsible for any inconvenience or damages caused by the use of the Internet, in particular any service failures, outside intrusion or computer viruses, nor any event that qualifies as an «act of God» as defined by the law.
PERSONAL DATA
GRAND DELTA S.A.S. reserves the right to gather data about the user, in particular their address.
The user can expressly oppose the disclosure of their details. To exercise this right, the user should simply inform our bookings department of their wishes. In accordance with the law of the 8th January 1978, the user has the right to access and rectify any data concerning them.
INTELLECTUAL PROPERTY
All elements of the GRAND DELTA S.A.S. site, whether visual or sound elements, including subjacent technology, are protected by copyright, registered trademarks or patents.
They are the exclusive property of the GRAND DELTA S.A.S. Company. Any user who has a personal Internet site and who wishes to place a link on their site for personal use, must ask authorisation to do so from the GRAND DELTA S.A.S. company.
This does not imply an implicit agreement of affiliation. However, any hypertext link leading directly to the GRAND DELTA S.A.S. company is expressly prohibited. In all cases, all links, even those tacitly authorised, must be removed on request from the GRAND DELTA S.A.S. company.
DURATION
These conditions apply for the entire duration of online presence of services offered by GRAND DELTA S.A.S.
PROOF OF PURCHASE
Computerised databases, retained in the computer files of GRAND DELTA S.A.S and its partners in reasonable conditions of safety, will be considered as proof of communications, orders placed and payments made between the parties.
APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law. In the event of dispute, and in the event that an amicable agreement between the parties cannot be reached, jurisdiction will be assigned to the competent courts in Montpellier. |