ARTICLE ONE – Scope of application
These general conditions of sale apply without restriction or reservation to all products and services offered by SOCIETE D’EXPLOITATION DU CHATEAU DE COUCHES – SECC on its website www.chateaudecouches.com.
These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for these services.
These general conditions of sale are accessible at any time on this website and will prevail, where applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by SOCIETE D’EXPLOITATION DU CHATEAU DE COUCHES – SECC constitutes proof of all transactions.
The contact details of the service provider are as follows: SOCIETE D'EXPLOITATION DU CHATEAU DE COUCHES – SECC, limited liability company with capital of €40,000, whose head office is in NANTERRE (92000), 93-99 rue Veuve Lacroix, registered under number 522 769 298 RCS NANTERRE .
Modifications to these general conditions of sale are binding on users of the site from the time they are put online.
Validation of the order for services by the customer constitutes unreserved acceptance of these general conditions of sale.
ARTICLE 2 – Orders
The customer selects on the site the services he wishes to order, according to the terms of validation, confirmation and payment of said order under the conditions provided by the site. In the event of cancellation of the order by the customer after its acceptance by the service provider, for any reason whatsoever other than force majeure, the deposit paid on the order or the full cash payment as the case may be will be automatically acquired by service provider and cannot give rise to any refund.
ARTICLE 3 – Prices
The services offered by the service provider are provided at the prices in effect on the day of confirmation of acceptance of the order by the service provider, as communicated to the customer prior to placing the order. The price indicated in the order confirmation by the service provider is the final price. Prices are expressed in euros, excluding tax and including tax. Orders for specific services from the customer, to which these prices cannot apply, will be subject to a quote previously accepted by the customer. The quotes established by the service provider are valid for a period of two months from their date of establishment.
The order based on a quote is only considered accepted after payment of a deposit of 30 percent of the order amount. An invoice is drawn up by the service provider and given to the customer upon provision of the services ordered.
ARTICLE 4 – Payment conditions
A deposit corresponding to 30 percent of the total price of the provision of the services ordered is required when the customer places the order. The balance of the price is payable in cash, on the day of provision of said services, under the conditions defined in the article “Provision of services” below. As an exception, if the services concern accommodation, catering and leisure services which must be provided on a date or according to a determined frequency (sale of show tickets), the price is payable in cash, in full, on the day of the placing of the order by the customer, according to the terms specified in the article “Orders”, above, by secure payment method. The service provider will not be required to provide the services ordered by the customer if the price has not been previously paid to him under the conditions indicated above.
Deposit payments by credit card are debited at the time the order is placed and the balance on the day the service is provided. In the event of payment by bank check, it is handed over for collection upon receipt. Payments made by the customer will only be considered final after actual collection of the sums due by the service provider.
In the event of late payment and payment of sums due by the customer beyond the deadline set above, and after the payment date appearing on the invoice sent to the customer, late payment penalties calculated at the legal rate in force on the amount including tax of the price of the provision of services appearing on the said invoice will be automatically and automatically acquired from the service provider, without any formality or prior notice and will result in the immediate payment of all sums due by the customer, without prejudice to any other action that the service provider would be entitled to take, in this capacity, against the customer.
ARTICLE 5 – Provision of services
The services ordered by the customer will be provided within a maximum period of fifteen days from receipt by the service provider of the corresponding duly signed order form, accompanied by the deposit due, if applicable, at the address indicated by the customer when ordering on the website.
In the absence of reservations or complaints expressly made by the customer upon receipt of the services, they will be deemed to conform to the order, in quantity and quality.
The customer will have a period of five days from the provision of the services and receipt thereof to issue, in writing, such reservations or complaints, with all related supporting documents, to the service provider.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the customer.
The service provider will rectify as soon as possible and at its own expense the services provided whose lack of conformity has been duly proven by the customer.
If the date is exceeded by more than seven days not due to a case of force majeure, the consumer may terminate the sales contract, but the provisions of articles L 114-1 and R 114-1 relating to the return of the duplicate amounts advanced will not be applicable.
ARTICLE 6 – Right of withdrawal
The customer has, in accordance with the law, a withdrawal period of seven days from acceptance of the order for services to cancel it, under the conditions provided for by the regulations in force, unless the The performance of the services began, with the customer's agreement, before the end of the withdrawal period. Reimbursement of amounts already paid by the customer will be made within fifteen days from receipt by the service provider of notification of the customer's withdrawal.
For any reservation already paid for and canceled by email at least 72 hours before the date of the service, reimbursement will only be made directly upon arrival at reception, for all amounts less than €40.
The right of withdrawal by the customer and the obligation of reimbursement by the service provider will not apply to the provision of accommodation, catering and leisure services which must be provided on a specific date or at a specific frequency ( sale of show tickets).
ARTICLE 7 – Liability of the Service Provider – Guarantee
The service provider guarantees, in accordance with legal provisions, the customer, against any hidden defect, resulting from a fault in the design or execution of the services provided and rendering them unfit for the use for which they were intended, to the exclusion of any negligence. or fault of the customer, and against any lack of conformity thereof.
In order to assert his rights, the customer must, under penalty of forfeiture of any action relating thereto, inform the service provider, in writing, of the existence of the defects or lack of conformity within a maximum period of five days from their discovery. The service provider will rectify or have rectified the services deemed defective for a period of fifteen days from their receipt by the customer.
The service provider's guarantee is limited to the reimbursement of services paid by the customer and the service provider cannot be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence. The services provided via the service provider's website comply with the regulations in force in France. The service provider cannot be held liable in the event of non-compliance with the legislation of the country in which the services are provided, which it is up to the customer, who is solely responsible for the choice of the services requested, to verify.
ARTICLE 8 – Information Technology and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the customer are necessary for the processing of their order and the preparation of invoices, in particular. The processing of information communicated via the service provider's site has been the subject of a declaration to the CNIL.
The customer has, in accordance with current national and European regulations, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
ARTICLE 9 – Intellectual property
The content of the site is the property of the seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
In addition, the service provider remains the owner of all intellectual property rights over the studies, drawings, models, prototypes, etc., produced (even at the client's request) with a view to providing services to the client. The client therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the service provider who may condition it on financial compensation.
ARTICLE 10 – Applicable law – Language
By express agreement between the parties, this contract is governed and subject to French law. It is written in French. In the event that it is translated into one or more languages, only the French text will be authentic in the event of a dispute.
ARTICLE 11 – Disputes
All disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent courts under the conditions of common law. In the event of a dispute with professionals and/or traders, the courts of Nanterre will have jurisdiction.
ARTICLE 12 – Pre-contractual information – Customer acceptance
The customer acknowledges having been informed, prior to the conclusion of the contract, in a clear and comprehensible manner, of the present terms and conditions of sale and of all the information and details referred to in article L 121-19 of the French Consumer Code, and in particular :
- - the main characteristics of the services offered, to the extent appropriate for the communication medium used and the services concerned;
- - the identity of the professional (company name, geographical address of establishment and telephone number);
- - the total price of the services including all taxes or, when the price cannot reasonably be calculated in advance due to the nature of the service, the method of calculating the price and, if applicable,
- - any additional charges or, where such charges cannot reasonably be calculated in advance, a statement that such charges may be payable;
- - where applicable, the terms of payment and performance, the date by which the service provider undertakes to perform the service, and the arrangements for handling complaints;
- - a reminder of the legal guarantee of conformity of services, the existence of an after-sales service and commercial guarantees, where applicable, as well as the related conditions;
- - the duration of the contract, if applicable, or, in the case of an open-ended or automatically renewable contract, the conditions for terminating the contract.
The fact that a natural person (or legal entity) places an order on the service provider's website implies full acceptance of these general terms and conditions of sale, which is expressly acknowledged by the purchaser, who notably waives the right to invoke any contradictory document, which would be unenforceable against the service provider.
ARTICLE 13
The seller is liable for any lack of conformity of the goods sold in accordance with article L 211-4 et seq. of the French Consumer Code and for any hidden defects in the goods in accordance with article 1641 et seq. of the French Civil Code.
SECC Château de Couches 71 490 Couches
Legal warranty of conformity, the consumer :
- - has a period of 2 years from delivery of the goods to take action;
- - may choose between repair or replacement of the good, subject to the cost conditions stipulated in article L 211-9 of the French Consumer Code;
- - is exempted from proving the existence of the lack of conformity of the good during the 6 months following delivery of the good (period extended to 24 months as of March 18, 2016 for goods purchased new).
The consumer may decide to invoke the warranty against hidden defects in the goods sold provided for in article 1641 of the Civil Code, and that in this event, he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.