General sales conditions
GENERAL CONDITIONS OF SALE
The terms defined hereinafter shall have the following meanings in the present General Conditions of Sale:
Gift Voucher: indicates the document which includes the offer, and which indicates the place, validity number, date of validity and a description of services provided by the company. The gift voucher can be delivered by post or digitally. With the gift voucher there is a basic summary of its conditions of use (telephone number for its validation and need to carry out a reservation on line or with the company). Confirmations or follow-up information can be sent by e-mail or SMS in accordance with conditions foreseen in the present General Conditions of Sale.
Gift Box: indicates the set delivered in the case of sending a gift voucher by post.
A Gift Box is composed of the following items:
- A gift voucher with a description of the service offered (and presented on the website).
- A pocket holder in which the gift voucher is packaged.
In the event that an order should be delivered digitally, only an e-mail enabling the printing of the gift voucher shall be sent to the Client.
The Gift Boxes thus defined are offered in a variety of themes such as "Gastronomy", "Stay” and "SPA".
EVIAN RESORT reserves the right to complete the list of Gift Boxes available for sale or to stop their distribution at its sole discretion and at any time.
Company: indicates the company issuing gift vouchers and that provides the services, is responsible for cashing, invoicing, monitoring delivery, compliance of the services and all obligations concerned by the offer.
Console My Box: indicates the on line software licence enabling an Establishment to offer these services and to carry out the management and monitoring of these offers.
Ogone: indicates the company that is responsible for security and and payment of transactions.
Beneficiary: indicates the user of the gift voucher.
Service: indicates the entire offer provided by the Company to the beneficiary, by way of a gift voucher, in accordance with the description of the services indicated on the Website. This refers to a service supplied to the Beneficiary by the Establishment using Console My Box from a selection of offers on the website, subject to the availability of the Establishment and the Services on the dates chosen by the beneficiary.
Client: indicates the person buying a gift voucher, with it being understood that the Client can or cannot be the Beneficiary of the Service where he shall have personal use of a gift voucher or where use is intended for a Beneficiary.
Party (ies): indicates the Client and/or EVIAN RESORT
Website: indicates the website http://evianresort.secretbox.fr/
II-/ General Conditions of Sale
You are offered gift vouchers on line prepared and offered for sale by EVIAN RESORT at the following URL: http://evianresort.secretbox.fr/
EVIAN RESORT is a limited liability company with a capital of 1,857,490.00 Euros, whose registered office is located Quai Baron de Blonay, 74500 EVIAN LES BAINS , registered under number 795 780 113 R.C.S. Thonon.
We invite you to carefully read the entire General Conditions of Sale which define the terms and conditions under which EVIAN RESORT sells the gift vouchers.
The present General Conditions of Sale therefore only apply to Gift Voucher orders, and their follow up, placed on the http://evianresort.secretbox.fr/ website, directly by telephone:+33 (0)4 50 26 85 00, or with the Company's reception.
These conditions apply to the exclusion of all other conditions, particularly those in force for shop sales. In the case where the offer appears on the website of a distributor (and not on the website), the sale is carried out by the company and not by the distributor.The present General Conditions of Sale are valid from 5 November 2012. They cancel and replace all versions prior to these conditions.
EVIAN RESORT reserves the right to change the present General Conditions at any time, without notice, with it being understood that such modifications shall not be applied to orders previously accepted and confirmed by EVIAN RESORT.
The Client declares that it has the legal capacity to contract, in accordance with article 1124 of the Civil Code, and to use the Website according to the present General conditions of Sale and conditions of use of the Website specified on the Website.
ARTICLE 1: PROCESS FOR PLACING ORDERS AND FORMATION OF THE CONTRACT
You can place your orders for Gift Boxes directly:
• using the internet on the website: http://evianresort.secretbox.fr/
• by telephone: +33 (0)4 50 26 85 00
• Or with the Company itself.
The procedure for placing orders on the Website includes the following stages:
• Selection on the Website of one or several gift vouchers and registration on the site by providing the required information;
• Following this selection, there is a summary resuming all options and the total price of the gift vouchers selected, your contact details, postal charges (if the order is by post) and your payment method enabling you to check the details of your order and to thus carry out the necessary changes before the final registration of your order;
• Your "first click" enables the registration of your order subject to having accepted the present General Conditions of Sale;
• Your order will only be registered after your final validation which consists of a "second click".
o When paying by credit card, this "second click" corresponds to the moment you register your bank details. However, your contract will only be considered finalised after acceptance of payment by your bank.
• Once your order has been given final confirmation (on your "second click"), we will send you an e-mail confirmation of your order summarising all items relating to it. By printing and/or keeping this e-mail, you shall have proof of your order.
• On completion of an order of one or several gift vouchers, you shall have access to an interface allowing you follow your order.
ARTICLE 2: CONDITIONS FOR USE OF GIFT VOUCHERS AND LIABILITY
2.1: In the event that you are not the Beneficiary of a gift voucher, we ask you to make the beneficiary aware of the conditions defined below.
2.2: To be valid, the gift voucher must be validated. To validate it, you must contact EVIAN RESORT on the following number: +33 (0)4 50 26 85 00
2.3: Only presentation of the original gift voucher received by post or printed from the delivery e-mail gives right to a Service.
2.4: The gift voucher gives a right to Services prepared by EVIAN RESORT, as indicated on the Website, provided that it has previously been the subject of a reservation, that is to say by means of a reservation on line on the Website or with the Company directly.
2.5: The Gift Voucher is valid on the dates and days specified on the Gift Voucher.
2.6: Services offered by the gift voucher do not include transport to the place of the Service provided by the selected Company.
2.7: The photographs shown in the Gift Box are not contractual. Any partial or entire reproduction is forbidden.
2.8: With the exception of online bookings, the Service shall be issued after checks by the company as to the validity of the Gift Voucher and its full payment. These checks involve the validation of the Gift Voucher number by the Company to check that the Gift Voucher has indeed been activated. In the case of an online booking, this check is carried out during the reservation procedure.
2.9: The delivery of the Service is subject to the specific conditions of the selected Company, particularly in terms of cancellation or changes to the booking, age limits and the physical condition of the beneficiary(ies).
2.10: The Company is only the party responsible for the performance of the Service. EVIAN RESORT's liability cannot be called in question further to the performance of the Service. EVIAN RESORT shall nevertheless try to offer an amicable solution to the possible conflict between the Company and the Beneficiary.
2.11: In the event that the Gift Voucher is not used during its period of validity, or in the event of loss, theft or destruction of the Gift Voucher, the beneficiary is not able to claim a refund or compensation of any kind. However, in the case where a Beneficiary cannot use his/her Gift Voucher during the planned period, we invite him/her to contact the Company.
2.12: The Company has declared to EVIAN RESORT that it is the holder of professional civil liability insurance for amounts manifestly sufficient for supplying Services and possesses all the authorisations and fulfils all conditions enabling it to carry out its activity in accordance with the relevant legal and regulatory measures.
However, the Beneficiary is invited to check that he/she also has sufficient insurance cover, particularly for the practice of certain so-called “high risk”” sports activities. The Beneficiary is reminded that the issue of Services in good safety conditions does not exempt them from observing basic precautionary rules for sporting activities, particularly those considered to be "high risk". The Beneficiary therefore accepts the inherent risks.
ARTICLE 3: PRICE AND PAYMENT CONDITIONS
Article 3.1: Price
The price of the Gift Boxes, displayed on the Website is that in force on the date of the order.
Postal costs, defined in article 6.4, used for the delivery of the Gift Boxes, are not included in the price, except if EVIAN RESORT specifies so. These costs are therefore invoiced as extra and indicated before the final validation of your order.
Postal costs are subject to VAT at a rate of 19.6%.
Article 3.2: Payment conditions
Payment of the order shall be carried out by banker’s card according to the following methods:
• By credit card from the list shown on the Payment Method page (Carte Bleue, Visa, Eurocard/Mastercard.): by providing the card number, its validity date, as well as the security code indicated on the back of the card directly to the designated area. The total amount for the order shall be debited from the credit card on the day of the order. EVIAN RESORT reserves the right to suspend the processing of the order ishould payment authorisation from your bank be refused. The Website enables you to send your bank details in a confidential and secure way, at the time of your order (secure input using SSL encryption) using the Ogone service.
In the case of an order placed directly with the Company, the order can be paid for by cash, by banker’s cheque cleared by a French bank or by credit card. Regarding payment by cheque, the time limit for the delivery of the Gift Box shall commence once the owed amount has been cashed.
ARTICLE 4: RIGHT OF WITHDRAWAL
When home shopping for a Gift Voucher, in accordance with the terms of article L.121-20 of the Consumer Code and depending on the type of Service, you have seven days to implement your right of withdrawal without having to justify the reasons or pay penalties, with the exception of return costs.
However, we remind you that, according to article L. 121-20-4 2° of the Consumer Code, you do not have this right when the object of the contract concerns services of accommodation, transport, catering and leisure services which must be supplied on a date or over a determined period.
On all assumptions, you cannot withdraw if the service started before the expiration of the withdrawal time limit by request of the Beneficiary.
Costs for return of the Gift Boxes shall remain your responsibility. Only the Gift Boxes and Gift Vouchers returned within the time limits and in perfect condition (Gift Boxes returned without a Gift Voucher, damaged and/or dirty shall not be taken back) can be refunded.
The Gift Boxes should be returned to the following postal address:
EVIAN RESORT Client Services - Rive Sud du Lac de Genève - 74501 EVIAN LES BAINS
Any return carried out in accordance with the conditions of the present article shall give rise to the refund of all sums paid within 30 days from receipt of the Gift Box in perfect condition.
ARTICLE 5: PROOF OF ORDERS/ARCHIVING
You are expressly informed that, except for a clear error which you can prove, data held on the EVIAN RESORT database provides lack of probative force with regards to prior orders.
The data stored in computer or electronic format constitutes admissible and opposable proof in the same terms and with the probative strength as any documents which would be received and kept in writing.
ARTICLE 6: DELIVERY
Article 6.1: Availability of Gift Vouchers
The Gift Vouchers are limited edition products, on the one hand due to the Companies’ limited reception capacities and on the other hand due to the Gift Vouchers’ limited validity duration in time.
In the event of the temporary or definitive stockout, the Client shall be informed of this unavailability as the order will not be able to be honoured.
Should the products or services included in the Service not be available, the company agrees to honour any order of Gift Vouchers by the Client.
If an order cannot be honoured due to a stockout, you have two options:
• Either cancel your order. You shall then be refunded for all of the sums paid within 30 days of them being cashed,
• Or benefit from an exchange of Gift Vouchers in accordance with the conditions defined in Article 2.11.
Article 6.2: Place of delivery
EVIAN RESORT sends Gift Boxes all over the world and by post.
The Gift Boxes shall be delivered to you at the address that you will have given at the time of placing your order. EVIAN RESORT shall not in any event be liable in any way should you be absent on delivery or if you make a typing error when placing the order. It shall be your responsibility to contact EVIAN RESORT in the conditions foreseen in Article 11.
Article 6.3: Method of delivery and delivery time limit
• Delivery shall take place by post
• Unless otherwise indicated on the Website, dispatch time limits, which vary according to the payment method, are the following:
• If you are paying by banker’s card and you order a Gift Box, one working day, before midday, the Gift Box shall be sent the same day.
We remind you that deliveries do not take place on Saturday or Sunday.
Digital sending: a Gift Voucher can be sent to a Beneficiary by the Client digitally. When placing the order, the Client ticks the box for digital sending. The Gift Voucher is then sent in PDF format which the Beneficiary can download. This Gift Voucher can be printed by the Beneficiary so that he can present it at the Company’s reception for the Service to be issued.
Article 6.4: Postal costs
Postal costs are fixed sums and are invoiced in addition to the price of the Gift Boxes, as follows:
• Standard method of delivery: 0 €
ARTICLE 7: NON COMPLIANCE
The following stipulations do not in any way affect the Client’s rights with regards to the law (in particular by way of articles 1641 to 1649 of the Civil Code concerning the guarantee of hidden defects and articles 211-4, 211-5 and 211-12 of the Consumer Code on compliance defaults).
Article 7.1: Reservations to be made to the delivery company in the event of damage or missing items.
Each Gift Box delivered must be the subject of meticulous checking by the Client and possible reservations to be indicated on the delivery company's delivery slip in the event of partial or total damage. The Client should also indicate and justify his/her reservations by registered letter to the delivery company within 72 working hours from receipt of the disputed Gift Box.
In the absence of reservations, the Gift Box is considered to be delivered in good condition and cannot be the subject of any further dispute with EVIAN RESORT.
Article 7.2: Gift Box Error
The Client should make known any error relating to the ordered Gift Boxes formally by letter or e-mail ("Contact" section on the website), within 72 working hours commencing from receipt of the order.
Any complaint not made according to the conditions of the present article and within the imposed time limits cannot be taken into account and shall release EVIAN RESORT from any liability vis a vis the client.
ARTICLE 8: TRANSFER OF OWNERSHIP/ TRANSFER OF RISKS
The transfer of ownership and risks shall be made at the time of the issue of the Gift Box(es) to the Client.
ARTICLE 9: DURATION OF THE VALIDITY OF THE GIFT BOXES
The Gift Boxes and Vouchers have a limited duration of use indicated on the Gift Voucher.
ARTICLE 10: CLIENT COMPLAINT DEPARTMENT
Any other request for information and specific questions must be addressed to EVIAN RESORT:
• either by telephone on +33 (0)4 50 26 85 00
• or by means of our website Internet http://evianresort.secretbox.fr/ via the “Contact” section,
• or by post, at the following address:
EVIAN RESORT - Rive Sud du Lac de Genève - 74501 EVIAN LES BAINS
In accordance with the measures of the "Data Protection" law n° 78-17 of 6 January 1978, and its amendments,, you have a right to access, correction, deletion of personal data and right to opposition. To exercise these rights, you must send a letter to the correspondence address indicated above.
ARTICLE 11: VARIOUS SPECIFICATIONS
The fact that EVIAN RESORT does not take advantage of one of the clauses of the present General Conditions of Sale at a given time cannot be interpreted as worthy of relinquishment by EVIAN RESORT, to make use of one of the said conditions at a later date.
In the event that one of the present specifications should be declared void or deemed to be unwritten, the validity of the other measures of the General Conditions of Sale shall not be called into question.
ARTICLE 12: APPLICABLE LAW
The law governing the present General Conditions of Sale and the contract finalised at the time of a Gift Box or Voucher order is French law for all lawsuits relating in particular to their validity, interpretation, execution or their annulment.
ARTICLE 13: RELATED JURISDICTION (SETTLEMENT OF LAW SUITS)
Except in the event of a lawsuit with a consumer, the court of jurisdiction in the event of dispute shall be that the place of the company’s address.
The Gift Boxes sold on this website are official and at the best price.