Terms and conditions
of sale
PREAMBLE
I-/ Definitions
The terms defined below will have the following meanings in these General Conditions of Sale:
Gift voucher : refers to the document containing the offer, the location, the validity number, the expiry date and the description allowing you to take advantage of an offer within an establishment. The gift voucher can be delivered by post or hand to hand. Confirmations or file follow-ups can be sent by email notifications.
Gift box : designates the packaging as part of a postal shipment.
A gift box is composed of the following elements:
- A gift voucher with the description of the service offered (and present on the website).
- A pocket in which the gift voucher is packaged and documentation from the establishment.
The gift boxes thus defined are available in various thematic universes such as, for example, "terroir formula", "gourmet", "relaxation", etc...
The hotel Aux Deux Clefs, Restaurant Les Clarines d'Argent reserves the right to complete the list of gift boxes available for sale or to cease their distribution at its sole discretion and at any time.
Establishment : refers to the company issuing the gift voucher which is responsible for receipts, invoicing, delivery tracking, service compliance and all obligations relating to the offer.
Beneficiary : designates the person using the gift voucher.
Service : refers to the entire offer provided by the establishment to the beneficiary.
Customer : designates the person who buys a gift voucher, it being understood that the customer may or may not be the beneficiary of the service depending on whether he will make personal use or intended for a beneficiary.
Party(ies): refers to the customer and/or the Hotel Aux Deux Clefs, Restaurant Les Clarines d'Argent
Site : designates the site aux-deux-clefs.com
II-/ General conditions of sale
You are offered on the site gift vouchers developed by the hotel Aux deux Clefs, restaurant Les Clarines d'Argent under SARL: aux-deux-clefs.com
The hotel Aux deux Clefs, Restaurant Les Clarines d'Argent has the status of SARL with a capital of 10,000 Euros (fixed), whose head office is 1 rue de Muhlbach 68380 METZERAL registered under the number of siret.381 669 696 00043 and code APE 55.10 Z
We invite you to carefully read all of these General Terms and Conditions of Sale, which define the terms and conditions under which the hotel Aux deux Clefs, Restaurant Les Clarines d'Argent sells its gift vouchers.
These General Conditions of Sale therefore only apply to orders for gift vouchers placed by email at auxdeuxclefs@free.fr, directly by telephone: 03.89.77.61.48, or at the reception of the establishment.
These conditions apply to the exclusion of all other conditions, in particular those in force for in-store sales.
In the context where the origin of the offer is identified on a distributor site, the sale is made by the establishment and not by the distributor.
These General Conditions of Sale are valid from August 11, 2012. They cancel and replace all previous versions of these conditions.
The hotel Aux deux Clefs, restaurant Les Clarines d'Argent reserves the right to modify the present General Conditions at any time, without notice, it being understood that such modifications will not be applicable to orders previously accepted and confirmed by the hotel at both keys, restaurant les Clarines d'Argent
Any customer declares to have the legal capacity in accordance with article 1124 of the Civil Code to contract and use the site in accordance with the General Conditions of Sale and Use of the site.
ARTICLE 1: PROCESS FOR PLACING ORDERS AND FORMATION OF THE CONTRACT
You can place your gift box orders directly:
• by email: auxdeuxclefs68@outlook.fr
• by telephone 03.89.77.61.48 from Monday to Sunday.
• Or directly with the establishment
.
ARTICLE 2: CONDITIONS OF USE OF GIFT VOUCHERS AND RESPONSIBILITY
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2.1: In the event that you are not the beneficiary of the gift voucher, you are invited to inform the beneficiary of the conditions set out below 5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde- 3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194- cc781905-5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b-136bad5cf58d
2.2: Only the presentation of the original of the gift voucher received by post gives the right to a service
2.3: The gift voucher gives the right to Services developed by the hotel Aux deux Clefs, restaurant les Clarines d'Argent as indicated on the Site by means of a reservation directly with the establishment.
2.4: The gift box is valid according to the dates and days of the week specified on the gift voucher.
2.5: The services of the gift voucher do not include transport to the location of the service of the selected establishment.
2.6: The photographs that may be presented in the gift box are not contractual. Any partial or entire reproduction is prohibited.
2.7: The delivery of the service will take place after the check by the establishment of the validity of the gift voucher and full payment thereof. This control involves the validation of the gift voucher number by the establishment to verify the effective activation of it.
2.8: The delivery of the Service is subject to the specific conditions of the selected establishment, in particular in terms of cancellation or modification of the reservation, the age limit and the physical conditions of the beneficiary(ies)._cc781905-5cde- 3194-bb3b-136bad5cf58d_
2.9: The establishment is solely responsible for the proper performance of the service. The distributor and the hotel with two keys, restaurant Les Clarines d'Argent cannot be held liable for the performance of the service. The hotel with two keys and restaurant Les Clarines d'Argent will nevertheless make their best efforts to try to find an amicable solution to the conflict between the establishment and the beneficiary.
2.10: The gift voucher is neither exchangeable nor refundable beyond the withdrawal period
2.11: In the event of non-use within its period of validity, loss, theft or destruction of the gift voucher, the beneficiary cannot claim a refund or compensation of any kind whatsoever.
2.12: The hotel Aux deux Clefs, restaurant Les Clarines d'Argent declare that they hold professional civil liability insurance for amounts that are notoriously sufficient for the provision of services and that they have all the authorizations and diplomas allowing them to exercise its activities on a regular basis and in accordance with the applicable legal and regulatory provisions.
However, the beneficiary is invited to check that he himself has sufficient insurance cover, in particular for the practice of certain sporting activities known as "at risk". The beneficiary is reminded that the provision of services in good safety conditions does not exempt him from observing the elementary rules of caution for sporting activities, in particular those known as "at risk". The beneficiary accepts the risks accordingly.
ARTICLE 3: PRICE AND CONDITIONS OF PAYMENT
Article 3.1: Price
The prices of the gift boxes, displayed on the site, are those in force on the day of the order.
Gift boxes are outside the scope of VAT.
The shipping costs, defined in article 6.4, charged for the delivery of the hotel boxes to the two keys are included in the price,_cc781905- 5cde-3194-bb3b-136bad5cf58d_
Article 3.2: Terms of payment
Payment for the order can be made by bank check by post, or by credit card or cash directly within the establishment.
ARTICLE 4: RIGHT OF WITHDRAWAL
When purchasing a Gift Voucher, under the terms of Article L.121-21 of the Consumer Code, you have a period of 14 clear days (from the date of receipt of the product) to exercise your right of withdrawal without having to justify reasons, nor to pay penalties, with the exception of return costs. A standard withdrawal form can be downloaded from our site at this link or in the Special Offers - Gift Packages section.
Return costs will be your responsibility. Only boxes and Gift Vouchers returned on time and in perfect condition (Gift Boxes returned without the presence of the Gift Voucher, damaged, soiled, will not be refunded.
The Gift Boxes must be returned to the following correspondence address:
The hotel Aux Deux Clefs-Restaurant Les Clarines d'Argent 12, rue de l'Altenhof 68380 Metzeral
Any return made in accordance with the conditions of this article will give rise to a refund of all sums paid (with the exception of express delivery costs) no later than fourteen days from receipt of the Gift Box in perfect condition, by bank transfer, which you declare to accept without reservation.
ARTICLE 5: PROOF OF ORDERS/ARCHIVING
You are expressly informed that, except for manifest error of which you would provide proof, the data stored in the databases of the hotel at Les Deux Clefs, Restaurant Les Clarines d'Argent have probative value with regard to orders placed._cc781905-5cde-3194 -bb3b-136bad5cf58d_
Data on computer or paper media stored regularly constitute admissible and enforceable evidence in the same terms and with the same probative force as any document received and stored in writing.
ARTICLE 6: DELIVERY
Article 6.1: Place of delivery
The hotel Aux deux Clefs, restaurant Les Clarines d'Argent only sends gift boxes to France, Belgium, Luxembourg, Switzerland and Germany.
The gift boxes will be delivered to you at the address you indicated when entering your order. The responsibility of the hotel Aux deux Clefs, restaurant Les Clarines d'Argent can therefore in no way be engaged in any capacity whatsoever in the event of absence on your part during delivery or in the event of an input error. , from you, when placing the order. It will be your responsibility to contact the hotel Aux deux Clefs, restaurant les Clarines d'Argent under the conditions provided for in Article 11.
Article 6.2: Delivery method and delivery time
• Delivery will be by post
Unless otherwise stated on the site, shipping times, which vary according to the method of payment, are as follows:
However, in the event of manifest delay, the hotel Aux deux Clefs, restaurant Les Clarines d'Argent undertake to implement any useful action in order to control, then settle any malfunction of the transport service which is attributable to it._cc781905- 5cde-3194-bb3b-136bad5cf58d_
We remind you that deliveries do not take place on Saturdays or Sundays.
Article 6.3: Gift box error
The customer must formulate by letter or email ("Contact" section of the Site), within 72 working hours from receipt of the order, any error relating to the gift boxes ordered.
Any complaint not made in the rules of this article and within the time limits cannot be taken into account and will release the hotel Aux deux clefs, Restaurant Les Clarines d'Argent from any liability towards the customer._cc781905-5cde-3194 -bb3b-136bad5cf58d_
ARTICLE 8: TRANSFER OF OWNERSHIP/ TRANSFER OF RISKS
The transfer of ownership and risks will take place at the time of delivery of the gift box(es) to the customer.
ARTICLE 9: DURATION OF VALIDITY OF GIFT BOXES
Gift boxes have a limited period of use indicated on the gift voucher.
ARTICLE 10: CUSTOMER SERVICE-COMPLAINTS
Any other request for information and clarification should be addressed to the hotel Aux deux Clefs, restaurant Les Clarines d'Argent:
• either by phone at 03.89.77.61.48
• or via our website at aux-deux-clefs.com by referring to the "Contact" section,
• either by mail, to the following address:
Hotel Aux deux Clefs Restaurant Les Clarines d'Argent
12 Altenhof Street
68380 METZERAL
ARTICLE 11: INTEGRITY OF THE CONTRACT
The fact that the gift box does not take advantage at a given moment of one of the clauses of these General Conditions of Sale cannot be interpreted as a waiver, on the part of the hotel Aux deux Celfs, to take advantage later of one of the said conditions.
In the event that one of these provisions should be declared null or deemed unwritten, the validity of the other provisions of the General Conditions of Sale will not be called into question.
ARTICLE 12: APPLICABLE LAW
The law governing these General Conditions of Sale and the contract concluded on the occasion of an order for a gift box, is French law for all disputes relating, in particular, to their validity, their interpretation, their execution or their termination.
ARTICLE 13: COMPETENT JURISDICTION (SETTLEMENT OF DISPUTES)
The competent court in the event of a dispute will be that of the place of the address of the establishment.