Legal Notice
Legal Notice
Owner: DOMAINE DE ROCHEBOIS
Company name: ARTEMISIA HOTEL
Registered office: Bat Marbella Domaine de Massane 251 Avenue du Golf 34670 Baillargues
Phone : 05 53 29 36 88
Email: contact@domaine-rochebois.com
Share capital: 1000,00 euros
RCS: R.C.S. Montpellier
SIRET: 928 256 569
VAT: FR17928256569
Creator: Influence Society
Publication manager: Aurélie Blanquart
Legal manager: Aurélie Blanquart
Webmaster: Influence Society
Host: Go Daddy
DATA PROTECTION ACT
The site has been registered with the Commission Nationale Informatique et Liberté. You have the right to access, modify, rectify and delete information concerning you (art. 34 of the French Data Protection Act). To exercise this right, please contact: contact@domaine-rochebois.com
OPPOSITION TO COLD CALLING
In accordance with article L. 223-3 of the French Consumer Code, consumers have the right to register on the "liste d'opposition au démarchage téléphonique". The relevant article is article L.223-3 of the French Consumer Code, which states:
"When a professional collects telephone data from a consumer, he informs him of his right to register on the opposition list against telephone canvassing. When this collection of information takes place at the time of concluding a contract, the contract shall mention, in a clear and comprehensible manner, the existence of this right for the consumer."
Register for free on this list at www.bloctel.gouv.fr
MEDIATOR - DISPUTE RESOLUTION
Consumers who have a dispute with a professional can contact the Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The site and the information it contains are protected by French intellectual property law and international conventions. With the exception of use by close family members or for private use, the site and any of its content may not be reproduced, republished, transcribed, modified or transmitted without the prior authorization of the copyright holder.
Consumers who have a dispute with a professional can contact AME Conso :
● via the Internet(https://www.mediationconso-ame.com), by completing the form provided, together with the supporting documents.
● by post to AME Conso, 197 Boulevard Saint-Germain, 75007 Paris, with supporting documents.
After contacting customer service, and in the absence of a satisfactory response within one month, the customer may refer the matter to the Paris Mediation and Arbitration Centre, whose contact details are given below:
AME
11 place Dauphine 75001
PARIS
DROITS D'AUTEUR - COPYRIGHT
This entire site is governed by French and international legislation on copyright and intellectual property. The photographs, texts, slogans, drawings, images, animated sequences with or without sound, as well as all works integrated into the site, are the property of Domaine de Rochebois or of third parties who have authorized Domaine de Rochebois to use them. The logos, icons and graphic chips represented on the site are protected by copyright and by articles L.511.1 et seq. of the French Intellectual Property Code relating to the protection of registered designs.
All reproduction rights are reserved and strictly limited, including for downloadable documents and iconographic and photographic representations. Trademarks mentioned on this site are registered by the companies that own them. Any unauthorized use of all or part of these rights by third parties may give rise to legal proceedings.
SITE CONTENT
The Domaine de Rochebois company declines all responsibility in the event of delays in updating, as well as in the event of interruption or temporary unavailability of the service. Domaine de Rochebois reserves the right to correct the content of this site at any time and without notice. Reproductions, on paper or by computer, of the said site and the works reproduced therein are authorized provided that they are strictly reserved for personal and private use. This excludes any use for advertising and/or commercial purposes, and/or information and/or that they comply with the provisions of article L.122-5 of the French Intellectual Property Code.
Any reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of the site, of all or part of the various works that make it up, without having obtained the prior authorization of the publication director, is strictly forbidden, constitutes an infringement of copyright and may result in civil and/or criminal legal proceedings, as well as the payment of damages.
SITE ACCESS
Users of the Domaine de Rochebois website acknowledge that they have the skills and resources required to access and use this site. Domaine de Rochebois cannot be held responsible for elements and events beyond its control linked to the use of the site and their effects, or for hardware and/or software incompatibilities and any damage that may result to the user's technical environment, in particular to computers, software, network equipment and any other equipment used to access or use the service and/or information.
It is reminded that fraudulently accessing or remaining in a computer system, hindering or distorting its operation, or fraudulently introducing or modifying data in such a system constitutes an offence punishable by criminal penalties.
HYPERTEXT LINKS
The Domaine de Rochebois website authorizes the creation of a hypertext link to its content, subject to the following conditions:
- authorization from the site's publication director;
- not to use the deep linking technique, i.e. the pages of the domaine-rochebois.com site must not be embedded in the pages of another site, but accessible by opening a dedicated window;
- mention the source by means of a hypertext link pointing directly to the targeted content.
Any use for commercial or advertising purposes is excluded except as provided. This authorization does not apply to websites disseminating information of a polemical, pornographic or xenophobic nature, or which may, to a large extent, offend the sensibilities of the general public.
Domaine de Rochebois declines all responsibility for the content of linked sites, regardless of the type of link established from or to Domaine de Rochebois. Domaine de Rochebois reserves the right to object to the establishment of such links.
INTERNET GENERAL TERMS AND CONDITIONS OF SALE - CONSUMERS
Ø Article 1 - Supplier designation :
ARTEMISIA HOTEL, a simplified joint stock company with capital of 1,000.00 euros, whose registered office is at Domaine de Massane - 34 670 BAILLARGUES, registered with the Registre du Commerce et des Sociétés under no. 928 256 569 R.C.S. MONTPELLIER.
Telephone: 05.53.29.36.88
E-mail address: contact@domaine-rochebobois.com
Website: https://domaine-rochebois.com
Ø Article 2 - Scope of the General Terms and Conditions of Sale :
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of accommodation, catering and wellness services ("the Services") offered by ARTEMISIA HOTEL, hereinafter referred to as "Domaine de Rochebois" ("the Seller") to consumers and non-professional customers ("the Customer") (the Seller and the Customer being also referred to as "the Parties" or "a Party") on its website https://domaine-rochebois.com.
In particular, they specify the conditions of use of the Vendor's site, of placing orders, of payment and of supply of the Services ordered by Customers directly on the said site. The main characteristics of the Services, including all the substantial information required by the applicable regulations, are presented on the website https://domaine-rochebois.com. The Customer is obliged to take note of them before placing any order. The choice and purchase of a Service are the sole responsibility of the Customer; the same applies to any additional Service booked on the https://domaine-rochebois.com website.
The General Terms and Conditions of Sale are systematically communicated to all Customers prior to the conclusion of a contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document. They can be accessed at any time on the https://domaine-rochebois.com website. These conditions apply to the exclusion of all other conditions, in particular those applicable to other sales channels for Services. They may be supplemented by special conditions set out on the https://domaine-rochebois.com website, prior to any transaction with the Customer. In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer. In accordance with current regulations, the Customer has the right to access, rectify, object to, delete and port all his personal data at any time by writing, by post and providing proof of his identity, to :
Domaine de Rochebois 2 route du château de Montfort 24200 VITRAC
The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before proceeding with the online ordering procedure, as well as the general terms and conditions of use of the https://domaine-rochebois.com website. Validation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the day the contract is concluded.
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the https://domaine-rochebois.com website.
Ø Article 3 - Orders :
On the site, the customer selects the Services he wishes to order in terms of accommodation, catering and wellness services.
3.1 -General provisions
For the accommodation service, the customer selects the dates of stay, the number of people to be accommodated and the type of room required, as follows: by making a reservation on the https://domaine-rochebois.comenwebsite. Additional services, such as breakfast, half-board and SPA treatments, can be booked as optional extras.
The Vendor also offers an online reservation service via a dedicated catering website. From the website, the Customer selects a date, then a time slot from a list of availabilities presented, and indicates the number of people attending the meal. This request will then be submitted to the establishment in question, subject to availability and with no obligation of result. The customer will be informed of the progress of the request in advance. Additional options can be included, or privatization can be arranged on request.
Finally, the Vendor offers an online pre-booking service for wellness services. Simply visit the https://domaine-rochebois.com website and select the SPA tab. The customer can fill in a pre-application form for a wellness service, which will then be validated by the practitioners according to their availability. The Vendor undertakes to validate or reject the Customer's order within a reasonable period of time. The present terms and conditions do not apply to SPA reservations which are covered by special terms and conditions.
Cancellation procedures are detailed and available on the https://domaine-rochebois.com website, as well as in the SPA tab of the General Terms and Conditions of Sale of the Provider's partner brand.
In the event of reservation of an ancillary service such as catering or wellness services, any service not consumed due to the customer's fault may not be subject to any reduction, will not be reimbursed, and does not entitle the customer to any deferral or compensation for the initial service represented by the accommodation and its price.
The registration of an order on the Vendor's site is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his/her order. The Customer may check the details of his order, its total price and correct any errors before confirming his acceptance (article 1127-2 of the French Civil Code).
This validation implies acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
3.2-Special provisions
When booking on the https://domaine-rochebois.comlewebsite, customers can choose between two booking formulas. The customer chooses either a flexible booking system, allowing him/her to modify and cancel the order free of charge, and to benefit from a reduced booking deposit; or the non-cancellable, non-refundable booking system with prepayment. The sale of Services will only be considered definitive after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, and after validation of receipt of the deposit via the secure link sent.
The deposit is 100% of the total amount of the order at the time of booking for non-cancellable, non-refundable reservations with prepayment; and 50% of the total amount of the order at the time of booking for flexible reservations. The customer pays the balance of the booking on arrival.
Any order placed on the https://domaine-rochebois.comconstituewebsite constitutes a distance contract between the Customer and the Seller.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Under no circumstances may this deposit be considered as a down payment.
Any modifications or cancellations of the order by the Customer will only be taken into account by the Vendor within the limits of its possibilities and on condition that the Customer notifies the Vendor by e-mail.
When the Customer has booked his stay without the flexibility option, the Service order is non-modifiable, non-cancellable and non-refundable.
Otherwise, if the Customer has opted for a "flexible" booking procedure, this period is reduced to TWO (2) days before the Customer's arrival.
No refund will be made for cancellations made exclusively by the Customer less than FORTY-EIGHT (48) hours prior to the Customer's scheduled arrival. The total amount of the reservation will be retained by the Vendor.
3.3- Provisions concerning length of stay
No distinction is made between short and long stays. The same conditions of modification, refund and cancellation apply.
3.4- Arrangements for group bookings
For group bookings, i.e. for FIVE (5) rooms or more, the customer must make his booking by e-mail to the sales department at events@domaine-rochebois.com,qui, who will then send him a quotation and the terms and conditions applicable to groups.
If necessary, these modifications will give rise to a new commercial proposal and a price adjustment.
In the event that these modifications cannot be accepted by the Vendor, the sums paid by the Customer will be refunded within a maximum of FOURTEEN (14) days from the Vendor's notification of the impossibility of accepting the modifications (unless the Customer prefers to benefit from a credit note).
The date of receipt - Paris time - of the cancellation request (by e-mail, post or telephone) is the cancellation date.
In the event of cancellation of the order by the Customer, after its acceptance by the Vendor under the conditions set out above, for any reason whatsoever other than forcemajeure, the deposit paid with the order, as defined in the article "Terms of payment" of these General Terms and Conditions of Sale, shall be automatically forfeited to the Vendor and shall not give rise to any reimbursement whatsoever.
In the event of interruption of the stay by the customer, the full agreed price will be collected. In the case of pre-payment reservations, no refund will be made.
Ø Article 4 - Rates :
The Services offered by theVendor are provided at the prices in force, as shown on the website https://domaine-rochebois.comet, in accordance with the quotation drawn up by the Vendor when the order is registered by the Vendor. Prices are expressed in Euros, exclusive of VAT.
Prices include the VAT applicable on the date of the order, and any change in the VAT rate will be automatically reflected in the prices indicated on the date of invoicing.
Prices shown include only those services specifically mentioned in the reservation. The price mentioned in the reservation is increased by the cost of additional services provided by the hotel at the time of the stay and, where applicable, the tourist tax.
Prices include any discounts granted by the Seller under the conditions specified on the https://domaine-rochebois.com website. These prices are firm and non-revisable during their period of validity, as indicated on the website https://domaine-rochebois.com,le. Outside this period of validity, the Vendor reserves the right to modify prices at any time. Only the price indicated in the Company's booking confirmation is contractual.
They do not include processing and administration costs, which are invoiced in addition under the conditions indicated on the https://domaine-rochebois.com website and calculated before the order is placed.
The payment requested from the customer corresponds to the total amount of the purchase, including these charges.
An invoice is drawn up by theSeller and given to the Customer upon provision of the Services ordered, or where applicable, at the end of the stay.
Any announcement of a price reduction must indicate the price charged by the Service Provider prior to the application of the price reduction, this prior price being defined as the lowest price charged by the Service Provider to all Customers during the last THIRTY (30) days prior to the application of the price reduction.
Ø Article 5 - Terms of payment :
The Services offered by theSeller are delivered to the Customer in return for a price.
Any sum paid in advance of the price shall bear interest at the legal rate for a period of THREE (3) months from the date of payment until the date of supply of the service (art. L.214-2 of the French Consumer Code).
At the time of booking, the customer pays directly online via a secure service provider and a secure authentication method (3DS stripe), enabling him to pay by credit card. A deposit will be deducted from the customer's credit card.
If the customer has opted for flexible booking, a deposit of 50% of the booking amount will be deducted from the customer's credit card at the time of booking. The balance must be paid on arrival.
Otherwise, if the customer has chosen to remain on the classic reservation system, a deposit of the full amount of the order will be taken at the time of reservation.
Depending on the booking flexibility option selected, a deposit will be debited from the customer's bank account, as indicated at the time of booking.
On the day of arrival, the Customer will be authorized to open an account for any additional expenses incurred during his stay, and related to his room number.
For group bookings, i.e. for FIVE (5) rooms or more, the customer must make his booking by e-mail to the sales department at events@domaine-rochebois.com,qui, who will then send him a quotation and the terms and conditions applicable to groups.
Under no circumstances may this deposit be considered as a down payment.
The balance of the price is payable in cash, on the day of provision of the said Services, under the conditions defined in the article "Provision of Services" below, by means of secure payment, in accordance with the following terms and conditions:
- Credit cards: CB, Visa, Mastercard, American Express.
Payment by credit card is irrevocable.
Payment data is exchanged in encrypted mode using the 3-D Secure protocol.
Payments made by the Customer will not be considered final until the Seller has received the amounts due.
In the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal interest rate in force plus 10% of the amount (including VAT) of the price of the provision of Services, will be automatically and by right acquired by the Vendor, without any formality or prior notice.
In addition, any delay in payment will automatically give rise to the application of a fixed indemnity of FORTY (40) euros, without prejudice to late payment penalties. Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may take against the Customer in this respect.
In addition, the Vendor reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the supply of the Services ordered by the Customer and/or to suspend the performance of its obligations.
The Customer shall not be billed for any additional costs in excess of those incurred by the Vendor for the use of a payment method.
Ø Article 6 - Provision of services :
Services ordered by the Customer which include accommodation services will be provided at the latest on the day of arrival at the site; catering services, as well as well-being services - non-limitative - offered in addition and on quotation, will be provided at the latest, on site on the day of departure of the Customer, under the conditions set out in these General Terms and Conditions of Sale.
The Vendor undertakes to make its best efforts to provide the Services ordered by the Customer within the framework of an obligation of means and within the timescales specified above. However, these timescales are given for information only.
If the Services ordered have not been provided within FORTY-EIGHT hours (48h) after the indicative date specified above, for any reason other than force majeure or the fault of the Customer, the latter may notify the Vendor, under the conditions provided for in article L.216-6 of the French Consumer Code :
- or the suspension of payment of all or part of the price until the Seller performs, under the conditions of articles 1219 and 1220 of the French Civil Code (exception d'inexécution);
- Either the cancellation of the sale, after having given the Seller formal notice to perform within a reasonable additional period of time, which will not be respected by the Seller.
Cancellation may be immediate if the Vendor refuses to perform, if it is clear that he will be unable to supply the Services, or if the failure to meet the performance deadline was an essential condition of the sale for the Customer.
In the event of cancellation of the sale, the sums paid by the Customer will be returned to him at the latest within FOURTEEN (14) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction, without prejudice to the possible awarding of damages to the Customer.
In the absence of reservations or complaints expressly made by the Customer upon receipt of theServices, the latter are deemed to conform to the order, in terms of quantity and quality.
The Customer shall have a period of FORTY-EIGHT (48) hours from the provision of the Services in which to notify the Vendor, in writing, of any reservations or complaints, together with all supporting documents.
It should be noted that the absence of reservations made by the Customer at the time of delivery of the Products does not exonerate the Vendor from the guarantee of conformity, as described below.
Unless otherwise expressly agreed, the customer must leave the room before 11.00 a.m. on the day of the end of the stay. Failure to do so will result in an additional night's charge.
Ø Article 7 - Contract termination :
It should be noted that, in accordance with legal provisions, termination of the contract by electronic means is possible when the contract has been concluded by electronic means or when, at the time of termination, the Seller offers Customers the possibility of concluding contracts by electronic means.
To this end, a free function is made available to the Customer, enabling him to carry out, by electronic means, the notification and all the steps necessary for the termination of the contract, which the Vendor must acknowledge by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract is terminated and the effects of the termination.
Ø Article 8 - Right of withdrawal :
In accordance with the provisions of article L. 121-21-8 of the French Consumer Code, the services offered on the Site by the Company are not subject to the right of withdrawal provided for in articles L. 121-21 et seq. of the French Consumer Code concerning distance selling.
Consequently, the services ordered on the Site are subject exclusively to the cancellation and modification conditions set out in these GTS, and the Customer may not invoke the right of withdrawal.
Ø Article 9 - Seller's liability - Warranties :
The Services offered for sale by the Vendor comply with the regulations in force in France and have performance levels compatible with non-professional use.
The customer is entitled to the legal guarantee of conformity and the legal guarantee of hidden defects without further payment.
9.1. Legal warranty of conformity
The Vendor guarantees the Customer, in accordance with legal provisions and without additional payment, against any lack of conformity of the Services ordered.
The Services provided via the https://domaine-rochebois.comduwebsite comply with the regulations in force in France. The Vendor cannot be held responsible for any failure to comply with the legislation of the country in which the Services are provided, which must be checked by the Customer, who is solely responsible for the choice of Services requested.
In the event of non-conformity, the Customer may demand that the defective Services be brought into conformity, that a new, conforming Service be supplied free of charge or, failing this, that the price be reduced or that the sale be rescinded, in accordance with the legal conditions.
He may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has fulfilled his obligations under the legal guarantee of conformity, under the conditions of articles 1219 and 1220 of the Civil Code.
It is also the Customer's responsibility to ask the Vendor to bring the defective Services into conformity or to supply a new, conforming Service free of charge. The defective Service will be brought into conformity within a period not exceeding THIRTY (30) days following the Customer's request.
If the requested compliance is impossible, or entails disproportionate costs under the conditions set out in article L.217-12 of the French Consumer Code, the Service Provider may refuse it. If the conditions of the aforementioned article are not met, the Customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Finally, the customer may demand a price reduction, or rescission of the sale (unless the defect is minor), in the cases provided for in article L.217-14 of the French Consumer Code.
Where the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request that the defective Services be made compliant or that a new, compliant Service be supplied free of charge.
The price reduction is proportional to the difference between the value of the Service provided and the value of this Service in the absence of the lack of conformity.
In the event of cancellation of the sale, the Customer will be reimbursed for the price paid within the following fourteen days at the latest, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event without any additional charge.
The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the non-conformity.
9.2 Legal warranty against hidden defects
The Vendor is liable for hidden defects within the framework of the legal warranty against hidden defects arising from a design or manufacturing defect in the Services ordered.
The customer may decide to invoke the warranty against hidden defects in the Services in accordance with article 1641 of the French Civil Code; in this case, the customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
9.3. Exclusion of warranties
The Vendor shall not be held responsible, nor shall it be deemed to have failed in its obligations, for any delay or non-performance resulting from :
- The occurrence of a case of force majeure. Force majeure is defined as "any event not related to the parties and which is both unforeseeable and insurmountable", which prevents either the customer or the hotelier from performing all or part of the obligations contained in the contract. It is expressly agreed that the situation of force majeure suspends the performance by the parties of their reciprocal obligations, and that each party will be required to pay the resulting costs.
- Non-compliance with the legislation of the country in which the Services are delivered, which the Customer must check before placing the order;
- In the event of misuse, i.e. in the case of professional use ;
Ø Article10 - Protection of personal data :
In application of the French law 78-17 of January 6, 1978, modified by the law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer are necessary for the processingof his order and the establishment of invoices, in particular.
This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website https://domaine-rochebois.comrépond complies withlegal requirements regarding the protection of personal data, with the information system used ensuring optimum protection of such data and in particular the RGPD, as well as any other legislative or regulatory provisions in force, with the information system used ensuring optimum protection of such data.
The methods of collecting and processing personal data, as well as the rights that customers have with regard to such data, can be consulted in the "Seller's Privacy Policy" section, which customers must consult and accept, in particular when placing an order.
In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and delimitation of the processing of information concerning him/her.
This right may be exercised under the terms and conditions defined on the https://domaine-rochebois.com website .
If the customer finds that the General Data Protection Regulation has been infringed, he may appoint an association or organization mentioned in Article 43 ter of the 1978 French Data Protection Act, in order to obtain compensation from the controller or processor before a civil or administrative court or before the French Data Protection Commission.
Ø Article 11 - Intellectual property :
The content of the https://domaine-rochebois.comestwebsite is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Ø Article 12 - Anticipation :
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
Ø Article 13 - Force majeure :
The Parties shall not be held liable if the non-performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code, or to exceptional health or weather conditions beyond the control of the Parties. It is hereby expressly agreed that force majeure shall suspend the performance of the parties' mutual obligations, and that each party shall bear the costs arising therefrom.
Ø Article14 - Applicable law - Language:
These General Terms and Conditions of Sale and any transactions arising from them are governed by and subject to French law.
They are written in French. Should they be translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Ø Article 15 - Disputes :
All disputes arising out of or in connection with the purchase and sale transactions entered into in application of these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences and outcome, and which cannot be resolved amicably between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) as indicated in article L.612-1 of the French Consumer Code, or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The contact details and procedures for contacting the mediator are as follows:
- The FFCM Mediation Center
26 Rue VictorHugo
24000 PERIGUEUX
Tel. 07.83.01.30.28
Adressemail : espacemediationaquitaine@gmail.com
If the dispute must be brought before the courts, we remind you that, in application of article L.141-5 of the French Consumer Code, the consumer may choose to bring the dispute not only before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, but also before the court of the place where the consumer resided at the time the contract was concluded or at the time the harmful event occurred.
It should also be noted that, in accordance with Article 14 of Regulation (EU) No. 254/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
Ø Article 16 - Pre-contractual information - Customer acceptance :
The Customer acknowledges having been informed, prior to the placing of his order and the conclusion of the sale, by the Vendor, in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale and in accordance with the provisions of Article L.221-5 of the French Consumer Code:
- On the essential characteristics of theServices, taking into account the communication medium used and the Service concerned;
- On the price of the Services and ancillary expenses or, if no price is paid, on any benefit provided instead of or in addition to the price, and on the nature of this benefit;
- Terms of payment, supply and performance of the contract;
- In the absence of immediate execution of the contract, on the date on which or the period within which the Service Provider undertakes to provide the ordered Services;
- On the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not out of context;
- Legal and contractual warranties and how they apply;
- On the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures and other important contractual conditions and, where applicable, on the costs of using distance communication technology, the existence of codes of good conduct and deposits and financial guarantees;
- On the possibility of resorting to conventional mediation in the event of a dispute.
The fact that the Customer places an order on the https://domaine-rochebois.com website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Services ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document that may be unenforceable against the Vendor.
Ø Article17 - Liability
The company declines all responsibility for theft, loss or damage to objects belonging to customers during their stay.
The Customer will be held responsible for any damage, deterioration or act of vandalism that may occur during the occupation of the premises and/or due to the act or fault of the participants and/or staff for whom the Customer is responsible; to movable property, decorations and immovable property, whether belonging to the hotel or not.
Consequently, the Company is fully entitled to ask the Customer to leave the hotel without compensation and without reimbursement of the current stay, and to reimburse any damage caused by these acts.
In the online sales process, the Company is bound only by a best-efforts obligation. It cannot be held responsible for damage resulting from use of the Internet, such as loss of data, intrusion, viruses, interruption of service or any other related and involuntary problems.