General Terms
and Conditions for Gift Boxes
PREAMBULE
I/ DefinitionsThe following terms shall have the meanings hereunder assigned to them:
Gift Voucher refers to documents that indicate an offer, a place, a validity number, validity date and description, which allow the holder to take advantage of a service within the establishment. The Gift Voucher may be sent by post or in electronic format. Confirmations or updates may be sent by email.
Gift Box refers to its packaging when sent by post.
A Gift Box includes the following items:
- A Gift Voucher describing the service provided (also specified on the Website).
- A Box in which the Gift Voucher is placed.
An electronic Gift Voucher may only be printed out from an email. Various themes are available for Gift Vouchers as stated above: "Well-being,” “Gastronomy," "SPA" etc. LE DOMAINE DE LA KLAUSS retains the right to complete the list of Gift Boxes available for sale and to stop selling them at its sole discretion and at any time.
Establishment or DOMAINE DE LA KLAUSS refers to the Gift Voucher issuing company, which is responsible for encashment, invoicing, delivery tracking, compliance of the services and any obligations referred to in the offer.
Ogone refers to the company responsible for the security and payment of transactions.
Beneficiary refers to the Gift Voucher holder.
Service refers to everything included in the offer provided to the beneficiary by the establishment. It refers to the service provided by the Establishment to the beneficiary from the selection of products available on the website, subject to the Establishment's availability on the dates selected by the beneficiary and according to the specific booking conditions for each offer.
Customer refers to a person who purchases a Gift Voucher, meaning that a customer may or may not be the beneficiary of the service according to whether s/he will use him/herself or give it to a beneficiary.
Parties: LE DOMAINE DE LA KLAUSS
Website refers to the website http://www.domainedelaklauss.com/fr/offres-cadeaux.html
Personal data refers to any information, which allows a private individual to be identified directly or indirectly, inter alia on the Internet (Surname, first name, email address).
Cookies are small files sent to the user's computer hard disk to facilitate browsing on the Website and to provide pages, which are relevant to the user when s/he returns to the Website.
II/ General Terms and Conditions
Gift Vouchers created by LE DOMAINE DE LA KLAUSS are available online at the following URL address: http://domainedelaklauss.com/fr/offres-cadeaux.html
LE DOMAINE DE LA KLAUSS has SARL status for a capital of 40,000 Euros, its registered office is located at 2 Impasse du Klaussberg, 57480 Montenach, registered with Siret number 753 351 600 000 22 and APE 5510Z code and RCS THIONVILLE.
Please read the Terms and Conditions of sale in full that determine the conditions used by LE DOMAINE DE LA KLAUSS for selling its Gift Vouchers.
These Terms and Conditions only apply to Gift Voucher orders placed on the website: http://www.domainedelaklauss.com/fr/offres-cadeaux.html; by telephone on: + 33 3 82 83 19 75, in person at the Establishment's Reception or following an exchange of emails.
These conditions apply and prevail over any other conditions, inter alia Terms and Conditions for bookings online.
These Terms and Conditions are valid as of 1st January 2017. They cancel and replace any previous versions of the Terms and Conditions and have prevalence over any other Terms and Conditions the customer may have.
LE DOMAINE DE LA KLAUSS reserves the right to change these Terms and Conditions at any time, without prior notice, with the understanding that changes will not affect orders that have been accepted and confirmed by LE DOMAINE DE LA KLAUSS before the changes.
Customers declare that they have legal rights in accordance to article 1124 of the Civil Code to conclude a contract and use the Website according to the Terms and Conditions of Sale and Use of the Website.
ARTICLE 1: PROCESS FOR PLACING ORDERS AND CONCLUSION OF THE CONTRACT
You can directly place orders for Gift Boxes:
On the internet on the website: http://www.domainedelaklauss.com/fr/offres-cadeaux.html
By telephone: +33 3 82 83 19 75
To place an order on the website you need to complete the following steps:
Select one or several Gift Boxes on the website;
Once you have selected the Gift Box, a summary will be provided of all the options and total price of the selected Gift box, your name and address, delivery costs (if ordered by post), your payment options, so you can check all your order details and make any necessary changes before finalising your order;
Your "first click" lets you save your order, subject to acceptance of these Terms and Conditions;
Your order will only be saved after your final validation, which is your "second click."
If you pay with a payment card, this "second click" is when you save your payment details. Nevertheless, your contract is only finalised when your bank has accepted the payment.
From the moment that you have finalised your order (after your "second click"), we will send you an order confirmation, summarising all the relevant details. You can print and/or keep this email as proof of payment for your order.
ARTICLE 2: TERMS OF USE FOR GIFT VOUCHERS AND RESPONSIBILITY
2.1: If you are not the beneficiary of the Gift Voucher, please inform the beneficiary of the conditions as stated below.
2.2: For the Gift Voucher to be valid, it must have been validated. To do this, you need to contact LE DOMAINE DE LA KLAUSS on the following number: + 33 3 82 83 19 75
2.3: The original Gift Voucher sent by post or the print-out from an email are the only valid documents that will be accepted for services.
2.4: The Gift Voucher entitles the beneficiary to services provided by LE DOMAINE DE LA KLAUSS, as stated on the website, regardless to whether the reservation was completed online or directly in the establishment's premises.
2.5: The Gift Box is valid according to the dates and days of the week specified on the Gift Voucher.
2.6: The services provided in the Gift Voucher do not include transportation to the site of the selected establishment.
2.7: Photographs present in the Gift Box and on the website are not contractual. Reproduction in whole or in part without prior written permission is prohibited.
2.8: Apart from online reservations, provision of a service will only take place after the Gift Voucher has been checked by the establishment and payment has been received in full. This check implies that the Gift Voucher number is validated by the establishment, in order to check that it has been effectively activated.
2.9: Provision of the service is subject to the specific conditions of the establishment, inter alia in terms of cancellation or changes to the reservation. When a date has been booked using the Gift Voucher, the cancellation terms are as follows:
- In the event of a cancellation more than 7 calendar days prior to arrival, the booking may be postponed to a later date according to the Gift Voucher's validity and the Gift Voucher's own terms and conditions.
- In the event of a cancellation less than 7 calendar days prior to arrival, the beneficiary loses entitlement to all the services provided with the Gift Voucher.
2.10: If the Gift Voucher is not used during the period of validity, is lost, stolen or destroyed, the beneficiary is not entitled to reimbursement nor compensation in any way.
2.11: LE DOMAINE DE LA KLAUSS declares that it has capital or professional indemnity insurance for known sufficient amounts, in order to provide services and has all the necessary authorisations and diplomas, which enable it to carry out its business in compliance with applicable legal and regulatory requirements.
Nevertheless, the Beneficiary must check that s/he has sufficient personal insurance coverage. The beneficiary is reminded that the provision of services according to correct safety conditions, does not mean that the beneficiary does not need to follow elementary precautionary measures, when taking part in sports and well-being activities (sauna, hammam). The beneficiary accepts the risks as a result.
ARTICLE 3: PRICES AND CONDITIONS OF PAYMENT
Article 3.1: Prices
Gift Box prices specified on the Website, are valid on the day the order was placed.
Gift Boxes are outside the scope of VAT.
Delivery costs, specified in article 6.4, used for sending LE DOMAINE DE LA KLAUSS Gift Boxes are not included in the price, unless stated otherwise by LE DOMAINE DE LA KLAUSS. Postal charges are therefore invoiced separately and are specified before you confirm your order.
Article 3.2: Payment terms
Payment for the order may be completed with a payment card, according to the following conditions:
• By bank payment card according to the cards indicated on the payment page (Payment Card, Visa Card, Eurocard/Mastercard): By indicating your card number, validity date, as well as the card security code, located on the back of your card. The full amount will be debited from your bank payment card on the day the order was placed. LE DOMAINE DE LA KLAUSS reserves the right to suspend order processing, if your bank refuses the payment. The Website uses the Ogone service, which enables you to provide your bank details in a confidential and secure manner, when you place your order (secure input with SSL encryption).
ARTICLE 4: RIGHT OF WITHDRAWAL
When you purchase a Gift Voucher, according to the terms in article L.121-20 of the Consumer Code, you are entitled to 14 days to exercise your right of withdrawal without needing to justify your reasons, nor pay penalties, apart from the postage costs for return delivery.
You must pay for the initial and return postage costs. Reimbursements will only be made for Gift Vouchers that have been returned within the required period, in good condition (returned Gift Boxes without the Gift Voucher will not be reimbursed).
Gift Boxes must be returned to the following address:
LE DOMAINE DE LA KLAUSS, 2 impasse du Klaussberg, 57480 MONTENACH, FRANCE.
Amounts paid will be fully reimbursed, except for the postage costs, within thirty days after receipt of the Gift Box when items are returned according to the conditions of this article.
ARTICLE 5: PROOF OF ORDERS/ARCHIVING
You are expressly informed that unless you can provide relevant proof relating to errors, data stored in LE DOMAINE DE LA KLAUSS' databases has probative value in terms of orders placed.
Regularly stored electronic or information technology data is admissible and valid proof on the same terms and has the same probative value as any written document that is kept or received.
ARTICLE 6: DELIVERY
Article 6.1: Availability of Gift Vouchers
There are a limited number of LE DOMAINE DE LA KLAUSS Gift Vouchers, due to limited capacity for guests and due to the limited validity of Gift Vouchers.
In the event of temporary or definitive stock shortage, the Customer will be informed about the unavailability, as the order will not be finalised.
In the event of availability of products, LE DOMAINE DE LA KLAUSS commits itself to honouring gift voucher orders placed by the Customer.
If your order cannot be processed due to a stock shortage, you may cancel your order. All amounts will be reimbursed in full within 30 days.
Article 6.2: Delivery address:
LE DOMAINE DE LA KLAUSS delivers Gift Boxes worldwide but cannot send registered mail for other countries outside of EUROPE, according to the services provided by LA POSTE (France).
Gift Boxes will be delivered to the address used when the order was placed. LE DOMAINE DE LA KLAUSS shall not be held liable in any way whatsoever, if you are absent when the product is delivered or if mistakes were made by yourself when inputting your personal details at the time the product was ordered. It is your responsibility to contact LE DOMAINE DE LA KLAUSS according to the conditions specified in Article 11.
Article 6.3: Delivery methods and delivery time
Delivery will be made by LA POSTE within 7 days after the order was placed by the Customer.
You will receive an email confirming your order.
Nevertheless, in the event of apparent delays, LE DOMAINE DE LA KLAUSS will do everything within its power to control and resolve any failures relating to the delivery service that it is accountable for.
We would like to remind you that Gift Boxes will not be delivered on Saturdays and Sundays.
Electronic delivery: a Gift Voucher may be sent to the Beneficiary by the Customer as an electronic delivery (e-ticket). To do this, the Customer needs to tick the e-delivery box whilst placing the order. This generates a Gift Voucher in PDF format that may be downloaded by the Beneficiary. The Gift Voucher must be printed out by the Beneficiary, so that it may be presented to the Establishment's reception for the service.
Article 6.4: Delivery Charges
Delivery charges are fixed and invoiced in addition to Gift Box prices as follows:
For standard delivery, registered mail:
1 Gift voucher (France): €1.66 (incl.tax)
1 Gift voucher (Europe and worldwide): €4.55 (incl.tax)
1 Gift Box (France): €5.32 (incl. tax)
1 Gift Box (Europe and worldwide): €8.95 (incl. tax)
ARTICLE 7: NON-COMPLIANCE
Article 7.1: Reservations to be made to the DOMAINE DE LA KLAUSS for damages or missing items
Gift Boxes must be carefully inspected by the Customer and DOMAINE DE LA KLAUSS must be informed immediately of any reservations in the event of partial or total damage or shortcoming(s).
The Customer must indicate and justify his/her reservations by registered post, within 72 working hours from the moment the contentious Gift Box was received.
If no reservations have been expressed within this period, the product is deemed as having been delivered in full and good condition and shall not be subject to subsequent claims to LE DOMAINE DE LA KLAUSS.
Article 7.2: Gift Box errors
The Customer must formulate by letter or email (contact@domainedelaklauss.com)), within 72 working hours from the moment the order was received, any errors relating to the Gift Boxes ordered.
Any complaint that has not been filed according to the rules as stated in this article and within the allocated time frame may not be taken into account and LE DOMAINE DE LA KLAUSS is not liable in any way towards the Customer.
ARTICLE 8: TRANSFER OF OWNERSHIP/RISKS
Transfer of risks and ownership takes place when the Gift Box(es) is/are issued to the Customer.
ARTICLE 9: VALIDITY OF GIFT BOXES
Gift boxes have a limited expiration date as indicated on the Gift Voucher.
ARTICLE 10: CUSTOMER SERVICES - COMPLAINTS
Any other request for information or further details must be sent to LE DOMAINE DE LA KLAUSS:
• either by telephone on +33 3 82 83 19 75 from 20 December 2015
• or on our Website: http://www.domainedelaklauss.com/fr/offres-cadeaux.html by clicking on the "Contact" details
• or by post at the following address: LE DOMAINE DE LA KLAUSS, 2 impasse Klaussberg, 57480 Montenach - France.
ARTICLE 11: INTEGRITY OF THE CONTRACT - AMENDMENTS TO THE CONTRACT
The fact that LE DOMAINE DE LA KLAUSS fails to invoke, at any given time, one of the clauses of these Terms and Conditions does not imply that it waives its rights to any conditions specified in the Terms and Conditions.
In the event that one of the provisions of these Terms and Conditions may be declared null and void, this does not affect the validity of the other Terms and Conditions.
Any amendment, discontinuance or termination of any of the clauses in these Terms and Conditions will only be effective following explicit agreement between the parties.
ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS
The Establishment's brand name, as well as any figurative or non-figurative marks and more generally speaking any other mark, illustration, image, logotype featured on the Gift Vouchers and Gift Boxes, their accessories and packaging, whether they are registered or not, are and remain the sole property of the Establishment.
Any full or partial reproduction, changes or use of these brands or logos for any reason and on whatever medium, without the Establishment's express consent, is strictly prohibited and may be challenged by the Establishment.
The same applies to any combination or conjunction with any other brand, symbol, logo and more generally speaking any distinctive sign destined to create a composite logo. The same applies to all copyrights, design rights, model rights, patents, which are the property of the Establishment.
ARTICLE 13: DATA CONFIDENTIALITY
Information about the customer is necessary for order processing.
In the event that the Customer consents to providing his/her personal details, s/he will have rights to individual access, right of withdrawal and correction of this information, as stated in Act n° 78-17 from 6 January 1978, relating to information technology, files and civil liberties. The customer must send a written request to the following address: LE DOMAINE DE LA KLAUSS, 2, impasse du Klaussberg 57480 Montenach – France
When the customer creates his/her account on the website, the customer may choose whether s/he wishes to receive offers from the establishment and its partners.
ARTICLE 14: FORTUITOUS EVENT - EXCEPTIONAL CIRCUMSTANCES
Fulfilment of the establishment's obligations pursuant to these Terms and Conditions will be suspended in the event of a fortuitous event or exceptional circumstances, which may hinder or delay completion.
The establishment will inform the customer in the event of exceptional circumstances up to 15 days after occurrence of the event.
If the establishment's completion of obligations is suspended for over 60 days, the customer may cancel his/her current order and the establishment will reimburse the order pursuant to the Terms and Conditions in article 6.
ARTICLE 15: APPLICABLE LAW
French law governs these terms and conditions and the contract concluded for ordering a Gift Box, for any disputes relating to, in particular their validity, their interpretation, their completion or their cancellation.
ARTICLE 16: RELEVANT JURISDICTION (SETTLEMENT OF DISPUTES)
In the event of a dispute, the relevant court will depend on the address of the defendant or, upon request of the plaintiff, the delivery address of the Gift Box.
