Terms and conditions of sale
In the present general sales conditions, the terms defined hereafter will have following significations.
Gift voucher: designates the document describing the contents, the place, the validation number and the validation date of an offer and permeting to benefit of it within the establishment. The gift voucher can be delivered by postal way or by digital way. Confirmations or follow-up notifications of folders can be sent by email.
Gift box: designates the parceling in case of a mailing by the post.
A gift box is compounded of the following elements:
- a gift voucher with the description of the offered service (and existing on the website),
- a brochure from the hotel.
In the digital version, only an email will permit you to print the gift voucher.
The defined gift boxes are presented under various thematic universes, as for instance 'Valuables', 'Special offers', 'Menus & gastronomy', etc...
The Hotel Restaurant & Wellness Au Chasseur *** reserve the right in its sole discretion and at any moment to complete the list of the gift boxes available to be sold or to cancel there broadcasting.
Establishment: designates the company issuing the gift voucher and providing the accountability of the cashings, the invoicing, the follow-up of the delivery, the conformity of the services and all the responsabilities refering to the offer.
Crédit Mutuel: designates the company ensuring the security and the payment of the transactions.
Beneficiary: designates the person using the gift voucher.
Service: designates the complete offer provided by the establishment for the beneficiary. It means the service provided to the beneficiary by the establishment among the selection of offers contained in the website.
Client: designates the person who is purchasing a gift voucher, on the understanding that the client can be or not the beneficiary of the service according to wether he will use it personnaly or give it to a beneficiary.
Party(ies): désignates the client and/or the Hotel Restaurant & Wellness Au Chasseur ***.
Website: designates the site www.chasseurbirkenwald.com.
2. General sales conditions
Gift vouchers worked out by the the Hotel Restaurant & Wellness Au Chasseur *** are proposed to you online under the URL address: www.chasseurbirkenwald.com
The Hotel Restaurant & Wellness Au Chasseur *** has the status of a LLC (Limited liability company) with a capital of € 40,000. His head office is located at the 7 rue de l'Église 67440 Birkenwald. The LLC is registered under the SIRET number 316 918 606 00013.
We encourage you to read closely the wholeness of the present general sales conditions which are defining the terms and the conditions that the Hotel Restaurant & Wellness Au Chasseur *** is selling his gift vouchers.
The present general sales conditions shall apply only to the orders of gift vouchers which have been placed on the website www.chasseurbirkenwald.com, also directly at the phone: 03 88 70 61 32 or at the reception desk of the establishment.
These conditions are applied excluding all other conditions, in particular those which are in force for the in-store sales.
In the case where the origin of the offer has been identified on a distribution website, the selling is done by the establisment and not by the distributor.
The present general sales conditions are valid from the first of january 2017. They are canceling and replacing all the previous versions of these conditions.
The Hotel Restaurant & Wellness Au Chasseur *** reserve the right to modify the present general sales conditions at any moment without warning, unterstanding that such modifications will be inapplicable to the orders previously accepted and confirmed by the Hotel Restaurant & Wellness Au Chasseur ***.
Every client states having the judicial capicity in accordance with the article 1124 of the french Civil Code to engage contractually and to use the website in accordance with the general conditions of sales and website usage.
Article 1: ordering process and forming of the contract
You can place directly your orders for gift boxes:
- over the internet website at the internet address: www.chasseurbirkenwald.com,
- by phone: 03 88 70 61 32 (cost of a local call) from the 01/01/2017 to the 31/12/2017,
- or directly at the establishment.
The ordering procedure on the website is including following steps:
- selection on the website of one or several gift boxes;
- after this selection a summary resuming all the choices and the total price of the selected gift boxes, your contact details, the shipping costs (if the order has been sent by postal mail), your mode of payment, will permit you to verify the details of your order and also to realize the needful modifications before the ultimate registration of your order;
- your 'first click' will permit the registration of your order, provided that you have expressly accepted the present general sales conditions;
- your order will only be registrated after the last validation, which will be efficient with your 'second click';
- if the payment is done by credit card, that 'second click' will trigger the registration of your bank details. However, your contract will be definitely concluded only after the approval of the payment by your bank;
- after the final validation of your order (obtained with your 'second click'), we'll adress you a confirmation email resuming all the elements of this order. By printing and/or saving that email, you'll have a means of proof attesting your order;
- after performing an order of one or several gift vouchers, the contractor will have access to an interface allowing him to follow the implementing of the order.
Article 2: conditions of use of the gift vouchers and responsability
Assuming you would not be the beneficiary of the gift voucher, you are invited to inform the beneficiary of all the conditions developped thereafter.
To be valid the gift voucher must be validated. For that you need to contact the Hotel Restaurant & Wellness Au Chasseur *** at phone number: 03 88 70 61 32.
Only the presenting of the original of the gift voucher received by post mail or directly printed from the email, gives the right to a performance.
The gift voucher gives the right to performances worked out by the Hotel Restaurant & Wellness Au Chasseur *** as mentionned on the website, either by an online reservation or by a reservation done directly in the establishment.
The gift box ist valid for the dates and days indicated precisely on the gift voucher.
The performances of the gift voucher don't include the transport to the place where those performances are offered by the selected establishment.
The photographies presented in the gif box are not contractually binding. Any reproduction in part or in full is forbiden.
Apart from an online reservation, the delivery of a performance will take place after the control of the validity of the gift box and the payment for it. That control implies the validation of the gift voucher number by the establishment to verify the effectiv activation of that gift voucher.
The delivery of the performance is subjected to the specific conditions of the selected establishment, especially in terms of cancellation or modification of the reservation, of the age limit and of the level of fitness of the beneficiary(ies).
The establishment is the only responsible of the good fulfilment of the performance. The distributor and the Hotel Restaurant & Wellness Au Chasseur *** cannot accept to be liable if the supply of the performance has been done correctly. However the Hotel Restaurant & Wellness Au Chasseur *** will do his best efforts for trying to find a friendly solution for solving the conflict between the establishment and the beneficiary.
The gift voucher cannot be exchanged or refunded. It is exchangeable during all its validity period, under certain conditions. To know the exchange modalities, please refer to article 9 of the present general conditions.
If the gift voucher has not been used during his validity period, or has been lost, stolen or destroyed, the beneficiary cannot claim any refund or compensation. By contrast, in the case where a beneficiary cannot use his gift voucher in the planned period, we are inviting him to contact the establisment.
The Hotel Restaurant & Wellness Au Chasseur *** declares to be the holder of a professional indemnity insurance for amounts notoriously sufficient to provide performances and to have all the authorizations and qualifications allowing to practice his activities regularly and in accordance with the relevant legal and regulatory requirements.
However, the beneficiary is invited to verify if he has himself enough insurance coverage, especially to practice certain so called 'high-risk' sport activities. It is recaled to the beneficiary that the delivery of performances in good security conditions shall not exempt him to observe the elementary rules of prudence for sport activities, especially those known 'with high-risk'. The beneficiary accepts the risks accordingly.
Article 3: prices and terms of payment
Article 3.1: prices
The prices of the gift boxes, displayed on the website, are those in force at the day of the ordering.
The gift boxes are outside of the scope of VAT.
Article 3.2: terms of payment
The payment can be done in accordance with the following rules:
- by credit card according to the cards mentioned in the web-page describing the payment methods (Blue card, Visa card, Eurocard/Mastercard): please indicate directly, the card number, her date of validity and the control code mentioned on the back of the card. The total amount of the order will be debited from the card at the day of the order. The Hotel Restaurant & Wellness Au Chasseur *** reserve the right to suspend the processing of the order in case of refusal of authorization of payment by the bank. When you give your order using the Crédit Mutuel service, the website allows you to send your bank details confidentially and securely (Secured data input by SSL encryption).
Article 4: right of withdrawal
When buying a gift voucher in accordance with the terms of the article L.121-20 of the Consumer Code, you have 14 days to enforce your right of withdrawal, without having to give reasons or to pay any penalty, excepted the costs of return.
The costs of return will stay at your expense. Only gift boxes and vouchers returned on time and in a perfect state (the gift boxes returned without the voucher, damaged or dirty shall not be accepted) can be reimbursed.
The gift boxes must be returned à the following mailing adress:
Client service Hotel Restaurant & Wellness Au Chasseur ***
7 rue de l'Église
Every return sending done in accordance with the conditions of the present article will be reimbursed of the total amount of the sums paid within a maximum of thirty days from the reception of the gift box in perfect condition.
Article 5: proof of the orders/archiving
You are expressly informed that, except in case of an obvious error you could prove, the data stored in the databases of the Hotel Restaurant & Wellness Au Chasseur *** have legal force concerning the given orders.
The data stored on regularly preserved computer or electronic medias constitute admissible and opposable proofs in the same terms and with the same legal force than any written document received and conserved.
Article 6: delivery
Article 6.1: availability of the gift vouchers
The gift vouchers of the Hotel Restaurant & Wellness Au Chasseur *** are products worked out in limited quantities, firstly due to limited capacity of reception and secondly due to the limited validity of the gift vouchers.
In case of temporary or definitive out of stock situation, the client will be informed of that unavailability because the fullfilment of the order can not succeed.
When the products are available, the Hotel Restaurant & Wellness Au Chasseur *** undertakes to honour any order of gift vouchers from the client. If an order cannot be honored because an out of stock situation, you will have two possibilities:
- either you cancel your order. You will be reimbursed of the total amount of the paid sums within a maximum of 30 days from the payment,
- or gain an exchange of the gift vouchers in accordance with the conditions defined at article 9.
Article 6.2: place of delivery
The Hotel Restaurant & Wellness Au Chasseur *** is sending the gift boxes only to destinations in France.
The gift boxes will be delivered at the address you have indicated at the data entry of your order. The Hotel Restaurant & Wellness Au Chasseur *** will not be held liable in any way if you are absent at the delivery or if you made an error at the input of the order. You will have to contact the Hotel Restaurant & Wellness Au Chasseur *** in accordance with the conditions detailled in article 11.
Aritcle 6.3: routing method and delivery time
The delivery will be done by the Post Office.
We remind you that the deliveries do not occur neither on saturday nor on sunday.
Digital sending: a gift voucher can be addressed by the client to a beneficiary in a digital sending form. For that, the client has to tick the 'digital sending' box by ordering; the gift voucher will then be delivered in a PDF format which can be downloaded by the beneficiary. For the providing of the performances, this gift voucher must be printed by the beneficiary to be presented at the reception desk of the establishment.
Article 7: non-corresponding
Any delivered gift box must be subjected to a detailed control done by the Client.
If the control has not be done, the product is considered to be in good state and cannot be subject of any future dispute by the Hotel Restaurant & Wellness Au Chasseur ***.
Article 7.2: error of a gift box
The Client must formulate in a letter or an email, within 72 working hours from the receiving of the order, all the errors concerning the ordered gift boxes.
Any claim which has not be done in accordance with the rules of the present article and in the planned time limits can not be taken into account and will clear the Hotel Restaurant & Wellness Au Chasseur *** of all responsability toward the Client.
Article 8: transfer of ownership and risks
The transfer of ownership and risks will occur at the delivery of the gift box(es) to the client.
Article 9: validity period of the gift boxes
The gift boxes have a limited validity period indicated on the gift voucher.
Article 10: customer service - claiming
Every other request of informations and clarifications has to be addressed to the Hotel Restaurant & Wellness Au Chasseur ***:
- either by telephon at number 03 88 70 61 32 from 8 am to 8 pm,
- either through our website www.chasseurbirkenwald.com on this page,
- or by post mail at following address: 7 rue de l'Église 67440 Birkenwald.
Article 11: integrity of the contract
The fact that the gift box does'nt, at any moment, make use for his advantage of one of the clauses of the general sales conditions, can not be understood as a waiver from the Hotel Restaurant & Wellness Au Chasseur *** to prevail later of one of these conditions.
Assuming that one of the present disposals could be declared void or deemed not having been written, the validity of the other disposals of the general sales conditions will not be called into question.
Article 12: applicable law
The law governing the present general sales conditions and the contract concluded at the occasion of the initiating of an order of a gift box, is the french law for all the disputes concerning their validity, their interpretation, their implementing or their canceling.
Article 13: the court having jurisdiction (settlement of the disputes)
In case of dispute, the relevant court will be the one of the place where the establishment has his address.
Update on: 05/12/2017