These General Terms of Sale (hereinafter, the “General Terms”) apply to any purchase made by a site visitor / physical person (hereinafter, the “CUSTOMER”) on the www.hotel-boxcadeau.com website (hereinafter, the “SITE”) from Fourvière Hotel Lyon, a joint stock company with capital of €100,000, SIRET no. 802 731 182 00019 registered in Lyon, with a head office at 23 Rue Roger Radisson, 69005 Lyon, France, email : revenue.management@ehotels-lyon.com, (hereinafter, the “SELLER”).
PLEASE NOTE: Orders made on the SITE imply the mandatory acceptance without reserves by the CUSTOMER of these General Terms.
Article 1 DEFINITION
In these General Terms, the words used below have the following meaning:
“CUSTOMER”: designates the co-contractor of the SELLER; the CUSTOMER guarantees being a consumer as defined by French law and jurisprudence. For this reason, it is expressly stated that this CUSTOMER acts independently of any customary or commercial activity. “DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated on the order. “PRODUCTS”: designates all products available on the SITE. “TERRITORY”: designates metropolitan FRANCE, including Corsica (and excluding overseas territories).
Article 2 PURPOSE
These General Terms regulate the sale of PRODUCTS by the SELLER to the CUSTOMER. The CUSTOMER is clearly informed and recognizes that the SITE addresses consumers and that professionals must contact the SELLER’s commercial service to benefit from distinct contractual conditions.
Article 3 ACCEPTANCE OF GENERAL TERMS
The CUSTOMER shall carefully read and accept these General Terms before proceeding to pay for PRODUCTS ordered on the SITE. These General Terms are available through a link at the bottom of each SITE page and must be read before placing an order. The CUSTOMER should carefully read, download and print the General Terms and keep a copy of them. The SELLER recommends that the CUSTOMER read the General Terms with each new order, since the latest version of these General Terms applies to any new PRODUCT order. By clicking on the first button to place and order and then on the second one to confirm it, the CUSTOMER recognizes having read, understood and accepted the General Terms, without limitations or conditions.
Article 4 OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, must be able to justify the agreement of the CUSTOMER’s legal representatives. The CUSTOMER will be asked to supply information that enables identification by filling in the form available on the SITE. The (*) sign indicates a mandatory field that must be filled in to enable processing of the CUSTOMER’s order by the SELLER. The CUSTOMER may check order status on the SITE. The DELIVERY may, if necessary, be tracked using the online tracking tools of certain carriers. The CUSTOMER may contact the SELLER’s commercial service at any time with an email to the revenue.management@ehotels-lyon address to obtain information on order status. Information provided by the CUSTOMER to the SELLER for an order must be given in full and be correct and up-to-date. The SELLER reserves the right to ask CUSTOMERS to confirm by any appropriate means their identity, eligibility and any information provided.
Article 5 ORDERS
Article 5.1 Product characteristics
The SELLER shall make best efforts to present as clearly as possible the main characteristics of the PRODUCTS (on data sheets available from the SITE), as well as the mandatory information that the CUSTOMER must receive concerning applicable laws (for these General Terms). The CUSTOMER shall carefully read this information before ordering on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular as concerns constraints related to suppliers. Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and compliant with European legislation currently in force and the standards applicable in France.
Article 5.2 Order procedure
PRODUCTS are ordered directly on the SITE. To place an order, the CUSTOMER must follow the steps listed below (please note, however, that depending on the CUSTOMER’s starting page, the steps may be slightly different).
5.2.1. Selection of PRODUCTS and purchasing options
The CUSTOMER must choose the PRODUCT(s) by clicking on the pertinent PRODUCT(s) and selecting the desired characteristics and qualities. Once a PRODUCT has been chosen, the PRODUCT is placed in the CUSTOMER’s shopping cart. The CUSTOMER may add as many PRODUCTS as desired to the shopping cart.
5.2.2. Orders
When the chosen PRODUCTS have been placed in the shopping cart, the CUSTOMER must click on the cart and check that the order contents are correct. If CUSTOMERS have not yet done so, they will be asked to identify themselves or sign in. When CUSTOMERS have validated shopping cart contents and identified themselves or signed in, an online formula will be automatically displayed that recapitulates prices, applicable taxes and, if necessary, delivery fees. CUSTOMERS are asked to verify the contents of their order (including quantity, characteristics and references for PRODUCTS ordered; invoicing address; means of payment and price) before validating these contents. The CUSTOMER may then pay for the PRODUCTS by following the instructions given on the SITE and supply all the necessary information for invoicing and DELIVERY of the PRODUCTS.
With respect to PRODUCTS with available options, these specific references appear when the proper options have been chosen. Orders placed must include all the information needed for proper processing of the order. The CUSTOMER must also indicate which delivery option has been chosen.
5.2.3. Receipt When all of the steps listed above have been completed, a page will be displayed on the SITE acknowledging receipt of the order placed by the CUSTOMER. A copy of the acknowledgment of receipt is automatically sent to the CUSTOMER by email, if the email address indicated on the inscription form is correct. The SELLER does not send an order confirmation by either postal mail or fax.
5.2.4. Invoicing
During the order process, the CUSTOMER must enter the information needed for invoicing [the (*) sign indicates the mandatory fields to be filled in before the SELLER can process the CUSTOMER’s order]. The CUSTOMER must clearly indicate all information related to DELIVERY, in particular the exact DELIVERY address, as well as any required access codes at the DELIVERY address. The CUSTOMER should then indicate how payment will be made. Neither the CUSTOMER’s online purchase order nor the acknowledgment of receipt sent by the SELLER to the CUSTOMER by email constitutes an invoice. However the order is placed or payment is made, the CUSTOMER will receive an original of the invoice upon PRODUCT DELIVERY, found inside the parcel.
5.3. Order date
The order date is the date upon which the SELLER acknowledges receipt of the online order. Deadlines indicated on the SITE do not start until this date.
5.4. Prices
For all PRODUCTS, the CUSTOMER will find prices listed on the SITE that include all taxes, as well as applicable delivery fees (depending on parcel weight, excluding wrapping and gifts, on the DELIVERY address and on the carrier or means of transport chosen). Prices are not subject to VAT.
The prices of the SELLER’s suppliers may be modified. Consequently, prices indicated on the SITE may change. They may also be modified if there are special offers or sales. Prices indicated are valid, except for gross error. The applicable price is the one indicated on the SITE on the date the CUSTOMER places an order.
5.5. PRODUCT availability
Depending on the PRODUCT, the SELLER may manage stocks with a “just-in-time” approach. Consequently, PRODUCT availability is contingent on the SELLER’s stocks. The SELLER shall honor orders received subject to PRODUCT availability. In principle, PRODUCT unavailability is indicated on the PRODUCT page. CUSTOMERS may also be informed of PRODUCT restocking by the SELLER. In any case, if unavailability is not indicated when an order is placed, the SELLER shall inform the CUSTOMER as soon as possible if the PRODUCT is no longer available. At the CUSTOMER’s request, the SELLER may either suggest sending all PRODUCTS together when the unavailable PRODUCTS are once again available, or make a partial shipment of available PRODUCTS and send the remaining order when the unavailable PRODUCTS are once again available, subject to providing clear information on additional delivery fees that might be required, or suggesting an alternate PRODUCT with an equivalent quality and price that is accepted by the CUSTOMER.
If CUSTOMERS decide to cancel an order for unavailable PRODUCTS, they will be reimbursed for all amounts paid for unavailable PRODUCTS, without delay and no later than thirty (30) days after payment.
Article 6 Right of withdrawal
The means of withdrawal are listed in the “Withdrawal Policy” available in Annex 1 of these General Terms and are available through a hypertext link found at the bottom of each SITE page.
Article 7 PAYMENT
7.1. Means of payment
The CUSTOMER may pay for PRODUCTS online through the SITE according to the means proposed by the SELLER. CUSTOMERS guarantee the SELLER that they have the necessary authorization to use the means of payment chosen. The SELLER shall take all necessary measures to guarantee the security and confidentiality of data sent in the context of online payment at the SITE. It should be noted that all information related to payment supplied on the SITE is sent to the SITE’s bank and is not processed by the SITE.
7.2. Payment date
If a sole payment is made using a credit card, the CUSTOMER’s account will be charged when the order for PRODUCTS is placed on the SITE. In case of partial DELIVERY, the total amount will be charged to the CUSTOMER’s account when the first parcel is sent. If the CUSTOMER decides to cancel an order for unavailable PRODUCTS, reimbursement will be made in compliance with the last paragraph of Article 5.5 of these General Terms.
7.3. PAYMENT DELAY OR REFUSAL
If the bank refuses to accept a card or any other means of payment, the CUSTOMER must contact the SELLER’s Customer Service and pay for the order by another valid means of payment. If, for any reason whatsoever—cancellation, refusal or other—transmission of money from the CUSTOMER is impossible, the order will be canceled and the sale automatically terminated.
Article 8 Proof and archiving
Any contract made with the CUSTOMER for an amount above 120 euros, tax included, will be archived by the SELLER for a period of ten (10) years, in compliance with Article L. 134-2 of the French Consumer Code. The SELLER shall accept archiving this information to ensure tracking of transactions and shall provide a copy of the contract if requested by the CUSTOMER. In the event of a dispute, the SELLER shall have the possibility of proving that the SELLER’s electronic tracking system is reliable and that the SELLER guarantees the integrity of the transaction.
Article 9 Transfer of property
The SELLER is the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER. Upon reception of the PRODUCTS, the provisions listed above shall not hinder the transfer to the CUSTOMER, or to a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS contingent on the retention of title, as well as the risk of damage they may cause.
Article 10 Delivery
The means of PRODUCT DELIVERY are listed in the “Delivery Policy” available in Annex 2 of these General Terms and are available through a hypertext link found at the bottom of each SITE page.
Article 11 Packaging
The PRODUCTS shall be packaged in conformity with transport standards currently in force to guarantee maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS shall follow these same standards when they return PRODUCTS under the conditions listed in Annex 1 - Withdrawal Policy.
Article 12 Guarantees
12.1. Guarantee of conformity
The SELLER shall deliver a compliant PRODUCT; that is, one that is appropriate for the expected use of similar goods and corresponding to the description given on the SITE. Conformity also means that the PRODUCT has the characteristics that a purchaser may legitimately expect in light of the public declarations made by the SELLER, including in advertisements and on labels. In this context, the SELLER is responsible for defects in conformity at DELIVERY and defects in conformity resulting from packaging, assembly or installation when the SELLER or someone under the SELLER’s responsibility carries out these operations. Action to amend a defect in conformity must be undertaken within two (2) years from the date of PRODUCT DELIVERY. If there is a defect in conformity, the CUSTOMER may request either replacement or repair of the PRODUCT. However, if the cost of the CUSTOMER’s choice is grossly disproportionate with respect to the other possible option, and in light of the PRODUCT’s value or the extent of defect, the SELLER may provide a reimbursement without complying with the CUSTOMER’s choice. If a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT within 30 days of receiving a returned PRODUCT and in exchange for receiving the PRODUCT from the CUSTOMER at the following address: 23 rue Roger Radisson, 69005 Lyon, France.
12.2. Guarantee against hidden defects
The SELLER shall guarantee against hidden defects in the item sold that make it inappropriate for the use for which it was designed or that interferes with this use in such a way that the CUSTOMER would not have otherwise acquired it or would have paid less for it. This guarantee enables a CUSTOMER who proves the existence of a hidden defect to choose between a reimbursement of PRODUCT price, if it is returned, or a partial reimbursement of PRODUCT price, if it is not returned. If a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT within 30 days of receiving a returned PRODUCT and in exchange for receiving the PRODUCT from the CUSTOMER at the following address: 23 rue Roger Radisson, 69005 Lyon, France. Action to amend hidden defects must be carried out by the CUSTOMER within two years starting from discovery of the defect.
Article 13 Responsibility
The SELLER shall in no case be held responsible for the non-execution or poor execution of contractual obligations that can be attributed to the CUSTOMER, in particular when the CUSTOMER places an order.
The SELLER shall not be held responsible or considered as having failed to honor these General Terms for any delay or non-execution when the cause of delay or non-execution results from force majeure as defined by French legal jurisprudence. In addition, the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER is not responsible for outside information published on the SITE. Links to third-party websites are provided as an indication, and their contents are not guaranteed.
Article 14 Personal data
On the SITE, the SELLER collects personal data concerning CUSTOMERS, including through the use of cookies. CUSTOMERS may deactivate the cookies by following instructions provided on their browser.
Data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyze orders and, if the CUSTOMER has chosen this option, send sales prospection documents, newsletters, promotional offers and/or information on special sales to the CUSTOMER, unless the CUSTOMER no longer wishes to receive communications of this type from the SELLER.
CUSTOMER data is kept confidentially by the SELLER, in compliance with the declaration made to the CNIL, for the requirements of the contract and its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time through their account or by clicking on the hypertext link inserted for this purpose at the bottom of each offer received by email.
All or part of the data may be communicated to the SELLER’s service providers who intervene in the ordering process. For commercial purposes, the SELLER may transfer to the SELLER’s commercial partners the names and contact information of the SELLER’s CUSTOMERS, subject to the previous agreement of the latter when they register on the SITE. The SELLER shall specifically ask CUSTOMERS if they wish their personal data to be released. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask CUSTOMERS if they wish to receive commercial offers from the SELLER’s partners.
In compliance with Law 78-17 dated January 6, 1978, concerning information, files and civil liberties, CUSTOMERS have the right to access, rectify, oppose (for legitimate reasons) and remove their personal data. They may exercise this right by sending an email to revenue.management@ehotels-lyon.com or a letter to 3 rue Roger Radisson, 69005, Lyon, France. CUSTOMERS must justify their identity either by scanning an identity document or by sending the SELLER a photocopy of their identity document.
Article 15 Claims
The SELLER provides a “Customer Phone Service” for CUSTOMERS at the following number: +334 74 700 700 (non-surcharged rate). Written claims from CUSTOMERS should be sent to the following address: 23 rue Roger Radisson - 69005 Lyon, France.
Article 16 Intellectual property
All visual and audible elements on the SITE, including the underlying technology used to create them, are protected by copyright, brand copyright and/or patents. These elements are the exclusive property of the SELLER. Anyone who wishes to publish a website and create a direct hypertext link to the SITE must request authorization from the SELLER in writing. The SELLER’s authorization shall in no instance be granted definitively. This link must be removed at the SELLER’s request. Hypertext links to the SITE that use techniques such as framing or insertion through hypertext links (in-line linking) are strictly forbidden.
Article 17 Validity of the General Terms
Any change in legislation or regulations currently in force or any decision from a competent court that invalidates one or more of the clauses of these General Terms shall not affect the validity of these General Terms. This type of change or decision shall in no way authorize CUSTOMERS to disregard these General Terms.
All conditions not expressly listed in these General Terms shall be regulated according to the usage of the private commercial sector for companies with a head office located in France.
Article 18 Modification of the General Terms
These General Terms apply to all purchases made online from the SITE, as long as the SITE is available online. The General Terms are dated in a precise way and may be modified and updated by the SELLER at any time. The applicable General Terms are those in force when an order is placed. Changes made to the General Terms do not apply to PRODUCTS already purchased.
Article 19 Competency and applicable law
These General Terms, as well as relations between the CUSTOMER and the SELLER, are governed by French law. In case of litigation, only the French courts have competency. However, before any recourse to an arbitrating or state judge, negotiation in a spirit of fairness and good faith should be preferred, in view of reaching an amicable agreement, whenever there is a conflict related to this contract, including as related to its validity. The party wishing to implement a negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, at the end of a period of fifteen (15) cays, the parties are unable to reach an agreement, the dispute shall be submitted to the competent jurisdiction designated hereinafter. Throughout the negotiation process and until it is completed, the parties shall not take legal action against each other with respect to the conflict that is subject to negotiation. As an exception, the parties are authorized to bring the matter before the court of summary proceedings or to seek a procedure on request. A possible action before the court of summary proceedings or the implementation of a procedure upon request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.
ANNEX 1 WITHDRAWAL POLICY
Withdrawal principle: The CUSTOMER has in principle the right to return or restitute the PRODUCT to the SELLER or to an individual designated by the SELLER, without excessive delay, and at the latest within fourteen (14) days following the decision to withdraw, unless the SELLER offers to pick up the PRODUCT.
Withdrawal deadline: The withdrawal deadline expires fourteen (14) calendar days after the date on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT. If the CUSTOMER’s order involves several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal deadline expires fourteen (14) days after the date on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
Notification of withdrawal right: To exercise the right of withdrawal, CUSTOMERS must notify their decision to withdraw from this contract through an unambiguous declaration sent to: 23 rue Roger Radisson, 69005 Lyon, France, or revenue.management@ehotels-lyon.com. The Withdrawal Form on the withdrawal page may also be used. To comply with the withdrawal deadline, CUSTOMERS must send their communication related to the withdrawal right before expiry of the withdrawal period.
Withdrawal consequences: If a CUSTOMER withdraws, the SELLER shall reimburse all sums paid, including delivery fees, without excessive delay and at the latest fourteen (14) days starting from the date on which the SELLER is informed of the CUSTOMER’s wish to withdraw. The SELLER shall reimburse through the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER has expressly agreed to a different means; in any case, this reimbursement shall not lead to supplementary fees for the CUSTOMER. The SELLER may defer reimbursement until the goods have been received or until the CUSTOMER has supplied proof of shipment of the goods, the date chosen depending on which of these events occurs first.
Means of return: CUSTOMERS must, without excessive delay and at the latest fourteen (14) days after communication of their decision to withdraw from this contract, send the goods to: 23 rue Roger Radisson - 69005 Lyon, France. This deadline is considered to have been met if the CUSTOMER returns the goods before the fourteen-day expiry period
Return costs: The CUSTOMER must pay the direct costs for returning the goods.
State of the goods returned: The PRODUCT must be returned according to the SELLER’s instructions and include any accessories delivered with the goods. The CUSTOMER is responsible only for depreciation of the goods resulting from manipulations other than those required to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CUSTOMER may test the PRODUCT but the CUSTOMER’s responsibility may be involved if the CUSTOMER carries out manipulations other than those required.
Packaging: The PRODUCTS shall be packaged in conformity with transport standards currently in force to guarantee maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS shall follow the same standards when they return PRODUCTS. CUSTOMERS must return the inappropriate PRODUCT in its original packaging and in good condition, ready to be resold.
Withdrawal right exclusions: It is not possible to withdraw under the following circumstances: Supply of goods or services with a price that depends on financial market fluctuation; Supply of goods made according to CUSTOMER specifications or clearly personalized; Supply of goods that deteriorate or expire quickly; Supply of sealed audio or video recordings if they have been unsealed after delivery; Journals, newspapers, magazines (unless subscribed to); Lodging services other than for residential purposes, transport of goods, car rental, restaurant service or services tied to leisure activities if the offer includes a specific date or period of execution; Supply of goods that by their nature are mixed in an indissociable way with other items; Supply of sealed goods that cannot be returned for reasons of health or hygiene and that have been unsealed by the CUSTOMER after DELIVERY; Supply of alcoholic beverages with a price decided upon when the sales contract was concluded and that cannot be delivered until 30 days later, and whose actual value depends on the market and is not under the SELLER’s control; Supply of digital contents that are not furnished in a dematerialized way if execution was begun with the previous express consent of consumers, who also recognize their inability to withdraw from contracts made during a public auction.
These General Terms of Sale (hereinafter, the “General Terms”) apply to any purchase made by a site visitor / physical person (hereinafter, the “CUSTOMER”) on the www.hotel-boxcadeau.com website (hereinafter, the “SITE”) from Fourvière Hotel Lyon, a joint stock company with capital of €100,000, SIRET no. 802 731 182 00019 registered in Lyon, with a head office at 23 Rue Roger Radisson, 69005 Lyon, France, email : revenue.management@ehotels-lyon.com, (hereinafter, the “SELLER”).
PLEASE NOTE: Orders made on the SITE imply the mandatory acceptance without reserves by the CUSTOMER of these General Terms.
Article 1 DEFINITION
In these General Terms, the words used below have the following meaning:
“CUSTOMER”: designates the co-contractor of the SELLER; the CUSTOMER guarantees being a consumer as defined by French law and jurisprudence. For this reason, it is expressly stated that this CUSTOMER acts independently of any customary or commercial activity. “DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated on the order. “PRODUCTS”: designates all products available on the SITE. “TERRITORY”: designates metropolitan FRANCE, including Corsica (and excluding overseas territories).
Article 2 PURPOSE
These General Terms regulate the sale of PRODUCTS by the SELLER to the CUSTOMER. The CUSTOMER is clearly informed and recognizes that the SITE addresses consumers and that professionals must contact the SELLER’s commercial service to benefit from distinct contractual conditions.
Article 3 ACCEPTANCE OF GENERAL TERMS
The CUSTOMER shall carefully read and accept these General Terms before proceeding to pay for PRODUCTS ordered on the SITE. These General Terms are available through a link at the bottom of each SITE page and must be read before placing an order. The CUSTOMER should carefully read, download and print the General Terms and keep a copy of them. The SELLER recommends that the CUSTOMER read the General Terms with each new order, since the latest version of these General Terms applies to any new PRODUCT order. By clicking on the first button to place and order and then on the second one to confirm it, the CUSTOMER recognizes having read, understood and accepted the General Terms, without limitations or conditions.
Article 4 OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, must be able to justify the agreement of the CUSTOMER’s legal representatives. The CUSTOMER will be asked to supply information that enables identification by filling in the form available on the SITE. The (*) sign indicates a mandatory field that must be filled in to enable processing of the CUSTOMER’s order by the SELLER. The CUSTOMER may check order status on the SITE. The DELIVERY may, if necessary, be tracked using the online tracking tools of certain carriers. The CUSTOMER may contact the SELLER’s commercial service at any time with an email to the revenue.management@ehotels-lyon address to obtain information on order status. Information provided by the CUSTOMER to the SELLER for an order must be given in full and be correct and up-to-date. The SELLER reserves the right to ask CUSTOMERS to confirm by any appropriate means their identity, eligibility and any information provided.
Article 5 ORDERS
Article 5.1 Product characteristics
The SELLER shall make best efforts to present as clearly as possible the main characteristics of the PRODUCTS (on data sheets available from the SITE), as well as the mandatory information that the CUSTOMER must receive concerning applicable laws (for these General Terms). The CUSTOMER shall carefully read this information before ordering on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular as concerns constraints related to suppliers. Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and compliant with European legislation currently in force and the standards applicable in France.
Article 5.2 Order procedure
PRODUCTS are ordered directly on the SITE. To place an order, the CUSTOMER must follow the steps listed below (please note, however, that depending on the CUSTOMER’s starting page, the steps may be slightly different).
5.2.1. Selection of PRODUCTS and purchasing options The CUSTOMER must choose the PRODUCT(s) by clicking on the pertinent PRODUCT(s) and selecting the desired characteristics and qualities. Once a PRODUCT has been chosen, the PRODUCT is placed in the CUSTOMER’s shopping cart. The CUSTOMER may add as many PRODUCTS as desired to the shopping cart.
5.2.2. Orders
When the chosen PRODUCTS have been placed in the shopping cart, the CUSTOMER must click on the cart and check that the order contents are correct. If CUSTOMERS have not yet done so, they will be asked to identify themselves or sign in. When CUSTOMERS have validated shopping cart contents and identified themselves or signed in, an online formula will be automatically displayed that recapitulates prices, applicable taxes and, if necessary, delivery fees. CUSTOMERS are asked to verify the contents of their order (including quantity, characteristics and references for PRODUCTS ordered; invoicing address; means of payment and price) before validating these contents. The CUSTOMER may then pay for the PRODUCTS by following the instructions given on the SITE and supply all the necessary information for invoicing and DELIVERY of the PRODUCTS.
With respect to PRODUCTS with available options, these specific references appear when the proper options have been chosen. Orders placed must include all the information needed for proper processing of the order. The CUSTOMER must also indicate which delivery option has been chosen.
5.2.3. Receipt
When all of the steps listed above have been completed, a page will be displayed on the SITE acknowledging receipt of the order placed by the CUSTOMER. A copy of the acknowledgment of receipt is automatically sent to the CUSTOMER by email, if the email address indicated on the inscription form is correct. The SELLER does not send an order confirmation by either postal mail or fax.
5.2.4. Invoicing
During the order process, the CUSTOMER must enter the information needed for invoicing [the (*) sign indicates the mandatory fields to be filled in before the SELLER can process the CUSTOMER’s order]. The CUSTOMER must clearly indicate all information related to DELIVERY, in particular the exact DELIVERY address, as well as any required access codes at the DELIVERY address. The CUSTOMER should then indicate how payment will be made. Neither the CUSTOMER’s online purchase order nor the acknowledgment of receipt sent by the SELLER to the CUSTOMER by email constitutes an invoice. However the order is placed or payment is made, the CUSTOMER will receive an original of the invoice upon PRODUCT DELIVERY, found inside the parcel.
5.3. Order date
The order date is the date upon which the SELLER acknowledges receipt of the online order. Deadlines indicated on the SITE do not start until this date.
5.4. Prices
For all PRODUCTS, the CUSTOMER will find prices listed on the SITE that include all taxes, as well as applicable delivery fees (depending on parcel weight, excluding wrapping and gifts, on the DELIVERY address and on the carrier or means of transport chosen). Prices are not subject to VAT.
The prices of the SELLER’s suppliers may be modified. Consequently, prices indicated on the SITE may change. They may also be modified if there are special offers or sales. Prices indicated are valid, except for gross error. The applicable price is the one indicated on the SITE on the date the CUSTOMER places an order.
5.5. PRODUCT availability
Depending on the PRODUCT, the SELLER may manage stocks with a “just-in-time” approach. Consequently, PRODUCT availability is contingent on the SELLER’s stocks. The SELLER shall honor orders received subject to PRODUCT availability. In principle, PRODUCT unavailability is indicated on the PRODUCT page. CUSTOMERS may also be informed of PRODUCT restocking by the SELLER. In any case, if unavailability is not indicated when an order is placed, the SELLER shall inform the CUSTOMER as soon as possible if the PRODUCT is no longer available. At the CUSTOMER’s request, the SELLER may either suggest sending all PRODUCTS together when the unavailable PRODUCTS are once again available, or make a partial shipment of available PRODUCTS and send the remaining order when the unavailable PRODUCTS are once again available, subject to providing clear information on additional delivery fees that might be required, or suggesting an alternate PRODUCT with an equivalent quality and price that is accepted by the CUSTOMER.
If CUSTOMERS decide to cancel an order for unavailable PRODUCTS, they will be reimbursed for all amounts paid for unavailable PRODUCTS, without delay and no later than thirty (30) days after payment.
Article 6 Right of withdrawal
The means of withdrawal are listed in the “Withdrawal Policy” available in Annex 1 of these General Terms and are available through a hypertext link found at the bottom of each SITE page.
Article 7 PAYMENT
7.1. Means of payment
The CUSTOMER may pay for PRODUCTS online through the SITE according to the means proposed by the SELLER. CUSTOMERS guarantee the SELLER that they have the necessary authorization to use the means of payment chosen. The SELLER shall take all necessary measures to guarantee the security and confidentiality of data sent in the context of online payment at the SITE. It should be noted that all information related to payment supplied on the SITE is sent to the SITE’s bank and is not processed by the SITE.
7.2. Payment date
If a sole payment is made using a credit card, the CUSTOMER’s account will be charged when the order for PRODUCTS is placed on the SITE. In case of partial DELIVERY, the total amount will be charged to the CUSTOMER’s account when the first parcel is sent. If the CUSTOMER decides to cancel an order for unavailable PRODUCTS, reimbursement will be made in compliance with the last paragraph of Article 5.5 of these General Terms.
7.3. PAYMENT DELAY OR REFUSAL
If the bank refuses to accept a card or any other means of payment, the CUSTOMER must contact the SELLER’s Customer Service and pay for the order by another valid means of payment. If, for any reason whatsoever—cancellation, refusal or other—transmission of money from the CUSTOMER is impossible, the order will be canceled and the sale automatically terminated.
Article 8 Proof and archiving
Any contract made with the CUSTOMER for an amount above 120 euros, tax included, will be archived by the SELLER for a period of ten (10) years, in compliance with Article L. 134-2 of the French Consumer Code. The SELLER shall accept archiving this information to ensure tracking of transactions and shall provide a copy of the contract if requested by the CUSTOMER. In the event of a dispute, the SELLER shall have the possibility of proving that the SELLER’s electronic tracking system is reliable and that the SELLER guarantees the integrity of the transaction.
Article 9 Transfer of property
The SELLER is the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER. Upon reception of the PRODUCTS, the provisions listed above shall not hinder the transfer to the CUSTOMER, or to a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS contingent on the retention of title, as well as the risk of damage they may cause.
Article 10 Delivery
The means of PRODUCT DELIVERY are listed in the “Delivery Policy” available in Annex 2 of these General Terms and are available through a hypertext link found at the bottom of each SITE page.
Article 11 Packaging
The PRODUCTS shall be packaged in conformity with transport standards currently in force to guarantee maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS shall follow these same standards when they return PRODUCTS under the conditions listed in Annex 1 - Withdrawal Policy.
Article 12 Guarantees
12.1. Guarantee of conformity
The SELLER shall deliver a compliant PRODUCT; that is, one that is appropriate for the expected use of similar goods and corresponding to the description given on the SITE. Conformity also means that the PRODUCT has the characteristics that a purchaser may legitimately expect in light of the public declarations made by the SELLER, including in advertisements and on labels. In this context, the SELLER is responsible for defects in conformity at DELIVERY and defects in conformity resulting from packaging, assembly or installation when the SELLER or someone under the SELLER’s responsibility carries out these operations. Action to amend a defect in conformity must be undertaken within two (2) years from the date of PRODUCT DELIVERY. If there is a defect in conformity, the CUSTOMER may request either replacement or repair of the PRODUCT. However, if the cost of the CUSTOMER’s choice is grossly disproportionate with respect to the other possible option, and in light of the PRODUCT’s value or the extent of defect, the SELLER may provide a reimbursement without complying with the CUSTOMER’s choice. If a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT within 30 days of receiving a returned PRODUCT and in exchange for receiving the PRODUCT from the CUSTOMER at the following address: 23 rue Roger Radisson, 69005 Lyon, France.
12.2. Guarantee against hidden defects
The SELLER shall guarantee against hidden defects in the item sold that make it inappropriate for the use for which it was designed or that interferes with this use in such a way that the CUSTOMER would not have otherwise acquired it or would have paid less for it. This guarantee enables a CUSTOMER who proves the existence of a hidden defect to choose between a reimbursement of PRODUCT price, if it is returned, or a partial reimbursement of PRODUCT price, if it is not returned. If a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT within 30 days of receiving a returned PRODUCT and in exchange for receiving the PRODUCT from the CUSTOMER at the following address: 23 rue Roger Radisson, 69005 Lyon, France. Action to amend hidden defects must be carried out by the CUSTOMER within two years starting from discovery of the defect.
Article 13 Responsibility
The SELLER shall in no case be held responsible for the non-execution or poor execution of contractual obligations that can be attributed to the CUSTOMER, in particular when the CUSTOMER places an order.
The SELLER shall not be held responsible or considered as having failed to honor these General Terms for any delay or non-execution when the cause of delay or non-execution results from force majeure as defined by French legal jurisprudence. In addition, the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER is not responsible for outside information published on the SITE. Links to third-party websites are provided as an indication, and their contents are not guaranteed.
Article 14 Personal data
On the SITE, the SELLER collects personal data concerning CUSTOMERS, including through the use of cookies. CUSTOMERS may deactivate the cookies by following instructions provided on their browser.
Data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyze orders and, if the CUSTOMER has chosen this option, send sales prospection documents, newsletters, promotional offers and/or information on special sales to the CUSTOMER, unless the CUSTOMER no longer wishes to receive communications of this type from the SELLER.
CUSTOMER data is kept confidentially by the SELLER, in compliance with the declaration made to the CNIL, for the requirements of the contract and its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time through their account or by clicking on the hypertext link inserted for this purpose at the bottom of each offer received by email.
All or part of the data may be communicated to the SELLER’s service providers who intervene in the ordering process. For commercial purposes, the SELLER may transfer to the SELLER’s commercial partners the names and contact information of the SELLER’s CUSTOMERS, subject to the previous agreement of the latter when they register on the SITE. The SELLER shall specifically ask CUSTOMERS if they wish their personal data to be released. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask CUSTOMERS if they wish to receive commercial offers from the SELLER’s partners.
In compliance with Law 78-17 dated January 6, 1978, concerning information, files and civil liberties, CUSTOMERS have the right to access, rectify, oppose (for legitimate reasons) and remove their personal data. They may exercise this right by sending an email to revenue.management@ehotels-lyon.com or a letter to 3 rue Roger Radisson, 69005, Lyon, France. CUSTOMERS must justify their identity either by scanning an identity document or by sending the SELLER a photocopy of their identity document.
Article 15 Claims
The SELLER provides a “Customer Phone Service” for CUSTOMERS at the following number: +334 74 700 700 (non-surcharged rate). Written claims from CUSTOMERS should be sent to the following address: 23 rue Roger Radisson - 69005 Lyon, France.
Article 16 Intellectual property
All visual and audible elements on the SITE, including the underlying technology used to create them, are protected by copyright, brand copyright and/or patents. These elements are the exclusive property of the SELLER. Anyone who wishes to publish a website and create a direct hypertext link to the SITE must request authorization from the SELLER in writing. The SELLER’s authorization shall in no instance be granted definitively. This link must be removed at the SELLER’s request. Hypertext links to the SITE that use techniques such as framing or insertion through hypertext links (in-line linking) are strictly forbidden.
Article 17 Validity of the General Terms
Any change in legislation or regulations currently in force or any decision from a competent court that invalidates one or more of the clauses of these General Terms shall not affect the validity of these General Terms. This type of change or decision shall in no way authorize CUSTOMERS to disregard these General Terms.
All conditions not expressly listed in these General Terms shall be regulated according to the usage of the private commercial sector for companies with a head office located in France.
Article 18 Modification of the General Terms
These General Terms apply to all purchases made online from the SITE, as long as the SITE is available online. The General Terms are dated in a precise way and may be modified and updated by the SELLER at any time. The applicable General Terms are those in force when an order is placed. Changes made to the General Terms do not apply to PRODUCTS already purchased.
Article 19 Competency and applicable law
These General Terms, as well as relations between the CUSTOMER and the SELLER, are governed by French law. In case of litigation, only the French courts have competency. However, before any recourse to an arbitrating or state judge, negotiation in a spirit of fairness and good faith should be preferred, in view of reaching an amicable agreement, whenever there is a conflict related to this contract, including as related to its validity. The party wishing to implement a negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, at the end of a period of fifteen (15) cays, the parties are unable to reach an agreement, the dispute shall be submitted to the competent jurisdiction designated hereinafter. Throughout the negotiation process and until it is completed, the parties shall not take legal action against each other with respect to the conflict that is subject to negotiation. As an exception, the parties are authorized to bring the matter before the court of summary proceedings or to seek a procedure on request. A possible action before the court of summary proceedings or the implementation of a procedure upon request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.
ANNEX 1 WITHDRAWAL POLICY
Withdrawal principle: The CUSTOMER has in principle the right to return or restitute the PRODUCT to the SELLER or to an individual designated by the SELLER, without excessive delay, and at the latest within fourteen (14) days following the decision to withdraw, unless the SELLER offers to pick up the PRODUCT.
Withdrawal deadline: The withdrawal deadline expires fourteen (14) calendar days after the date on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT. If the CUSTOMER’s order involves several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal deadline expires fourteen (14) days after the date on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
Notification of withdrawal right: To exercise the right of withdrawal, CUSTOMERS must notify their decision to withdraw from this contract through an unambiguous declaration sent to: 23 rue Roger Radisson, 69005 Lyon, France, or revenue.management@ehotels-lyon.com. The Withdrawal Form on the withdrawal page may also be used. To comply with the withdrawal deadline, CUSTOMERS must send their communication related to the withdrawal right before expiry of the withdrawal period.
Withdrawal consequences: If a CUSTOMER withdraws, the SELLER shall reimburse all sums paid, including delivery fees, without excessive delay and at the latest fourteen (14) days starting from the date on which the SELLER is informed of the CUSTOMER’s wish to withdraw. The SELLER shall reimburse through the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER has expressly agreed to a different means; in any case, this reimbursement shall not lead to supplementary fees for the CUSTOMER. The SELLER may defer reimbursement until the goods have been received or until the CUSTOMER has supplied proof of shipment of the goods, the date chosen depending on which of these events occurs first.
Means of return: CUSTOMERS must, without excessive delay and at the latest fourteen (14) days after communication of their decision to withdraw from this contract, send the goods to: 23 rue Roger Radisson - 69005 Lyon, France. This deadline is considered to have been met if the CUSTOMER returns the goods before the fourteen-day expiry period
Return costs: The CUSTOMER must pay the direct costs for returning the goods.
State of the goods returned: The PRODUCT must be returned according to the SELLER’s instructions and include any accessories delivered with the goods. The CUSTOMER is responsible only for depreciation of the goods resulting from manipulations other than those required to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CUSTOMER may test the PRODUCT but the CUSTOMER’s responsibility may be involved if the CUSTOMER carries out manipulations other than those required.
Packaging: The PRODUCTS shall be packaged in conformity with transport standards currently in force to guarantee maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS shall follow the same standards when they return PRODUCTS. CUSTOMERS must return the inappropriate PRODUCT in its original packaging and in good condition, ready to be resold.
Withdrawal right exclusions: It is not possible to withdraw under the following circumstances: Supply of goods or services with a price that depends on financial market fluctuation; Supply of goods made according to CUSTOMER specifications or clearly personalized; Supply of goods that deteriorate or expire quickly; Supply of sealed audio or video recordings if they have been unsealed after delivery; Journals, newspapers, magazines (unless subscribed to); Lodging services other than for residential purposes, transport of goods, car rental, restaurant service or services tied to leisure activities if the offer includes a specific date or period of execution; Supply of goods that by their nature are mixed in an indissociable way with other items; Supply of sealed goods that cannot be returned for reasons of health or hygiene and that have been unsealed by the CUSTOMER after DELIVERY; Supply of alcoholic beverages with a price decided upon when the sales contract was concluded and that cannot be delivered until 30 days later, and whose actual value depends on the market and is not under the SELLER’s control; Supply of digital contents that are not furnished in a dematerialized way if execution was begun with the previous express consent of consumers, who also recognize their inability to withdraw from contracts made during a public auction.
ANNEX 2 DELIVERY POLICY
Delivery zone: PRODUCTS offered can be delivered only in the TERRITORY. It is impossible to order from an address located outside this TERRITORY. PRODUCTS are sent to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Shipping time
The time needed to prepare an order and establish the invoice before shipment of PRODUCTS in stock is mentioned on the SITE. This time period does not include weekends and holidays. An email will automatically be sent to the CUSTOMER when PRODUCTS are shipped if the email found on the registration form is correct. Delivery times and fees: During the ordering process, the SELLER shall indicate to the CUSTOMER the time required and possible means of shipment for the PRODUCTS purchased. Shipping costs are calculated according to type of delivery. These costs shall be paid for by the CUSTOMER in addition to the price of the PRODUCTS purchased. Information on delivery times and fees is given on the SITE. Means of DELIVERY: The parcel shall be given to the CUSTOMER after signing and upon presentation of an identity document. In case of absence, the CUSTOMER will receive a delivery notice that enables picking up the parcel at the CUSTOMER’s post office. DELIVERY issues: CUSTOMERS are informed of the delivery date when they chose the type of carrier at the end of the online ordering process before confirming the order. Deliveries are made within a maximum of thirty (30) days. If this is not possible, the CUSTOMER must make a formal request to the SELLER to deliver within a reasonable period of time; if DELIVERY is not made, the CUSTOMER may rescind the contract. The SELLER shall reimburse the CUSTOMER, without excessive delay and starting from reception of the termination letter, for the total amount paid for PRODUCTS, taxes and delivery fees included, through the same payment method that the CUSTOMER used to purchase the PRODUCTS. The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. The CUSTOMER has three (3) days to notify the carrier of damage or partial loss observed upon delivery These General Terms of Sale (hereinafter, the “General Terms”) apply to any purchase made by a site visitor / physical person (hereinafter, the “CUSTOMER”) on the www.hotel-boxcadeau.com website (hereinafter, the “SITE”) from Fourvière Hotel Lyon, a joint stock company with capital of €100,000, SIRET no. 802 731 182 00019 registered in Lyon, with a head office at 23 Rue Roger Radisson, 69005 Lyon, France, email : revenue.management@ehotels-lyon.com, (hereinafter, the “SELLER”).
PLEASE NOTE: Orders made on the SITE imply the mandatory acceptance without reserves by the CUSTOMER of these General Terms.
Article 1 DEFINITION
In these General Terms, the words used below have the following meaning:
“CUSTOMER”: designates the co-contractor of the SELLER; the CUSTOMER guarantees being a consumer as defined by French law and jurisprudence. For this reason, it is expressly stated that this CUSTOMER acts independently of any customary or commercial activity. “DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated on the order. “PRODUCTS”: designates all products available on the SITE. “TERRITORY”: designates metropolitan FRANCE, including Corsica (and excluding overseas territories).
Article 2 PURPOSE
These General Terms regulate the sale of PRODUCTS by the SELLER to the CUSTOMER. The CUSTOMER is clearly informed and recognizes that the SITE addresses consumers and that professionals must contact the SELLER’s commercial service to benefit from distinct contractual conditions.
Article 3 ACCEPTANCE OF GENERAL TERMS
The CUSTOMER shall carefully read and accept these General Terms before proceeding to pay for PRODUCTS ordered on the SITE. These General Terms are available through a link at the bottom of each SITE page and must be read before placing an order. The CUSTOMER should carefully read, download and print the General Terms and keep a copy of them. The SELLER recommends that the CUSTOMER read the General Terms with each new order, since the latest version of these General Terms applies to any new PRODUCT order. By clicking on the first button to place and order and then on the second one to confirm it, the CUSTOMER recognizes having read, understood and accepted the General Terms, without limitations or conditions.
Article 4 OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, must be able to justify the agreement of the CUSTOMER’s legal representatives. The CUSTOMER will be asked to supply information that enables identification by filling in the form available on the SITE. The (*) sign indicates a mandatory field that must be filled in to enable processing of the CUSTOMER’s order by the SELLER. The CUSTOMER may check order status on the SITE. The DELIVERY may, if necessary, be tracked using the online tracking tools of certain carriers. The CUSTOMER may contact the SELLER’s commercial service at any time with an email to the revenue.management@ehotels-lyon address to obtain information on order status. Information provided by the CUSTOMER to the SELLER for an order must be given in full and be correct and up-to-date. The SELLER reserves the right to ask CUSTOMERS to confirm by any appropriate means their identity, eligibility and any information provided.
Article 5 ORDERS
Article 5.1 Product characteristics
The SELLER shall make best efforts to present as clearly as possible the main characteristics of the PRODUCTS (on data sheets available from the SITE), as well as the mandatory information that the CUSTOMER must receive concerning applicable laws (for these General Terms). The CUSTOMER shall carefully read this information before ordering on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular as concerns constraints related to suppliers. Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and compliant with European legislation currently in force and the standards applicable in France.
Article 5.2 Order procedure
PRODUCTS are ordered directly on the SITE. To place an order, the CUSTOMER must follow the steps listed below (please note, however, that depending on the CUSTOMER’s starting page, the steps may be slightly different).
5.2.1. Selection of PRODUCTS and purchasing options
The CUSTOMER must choose the PRODUCT(s) by clicking on the pertinent PRODUCT(s) and selecting the desired characteristics and qualities. Once a PRODUCT has been chosen, the PRODUCT is placed in the CUSTOMER’s shopping cart. The CUSTOMER may add as many PRODUCTS as desired to the shopping cart.
5.2.2. Orders
When the chosen PRODUCTS have been placed in the shopping cart, the CUSTOMER must click on the cart and check that the order contents are correct. If CUSTOMERS have not yet done so, they will be asked to identify themselves or sign in. When CUSTOMERS have validated shopping cart contents and identified themselves or signed in, an online formula will be automatically displayed that recapitulates prices, applicable taxes and, if necessary, delivery fees. CUSTOMERS are asked to verify the contents of their order (including quantity, characteristics and references for PRODUCTS ordered; invoicing address; means of payment and price) before validating these contents. The CUSTOMER may then pay for the PRODUCTS by following the instructions given on the SITE and supply all the necessary information for invoicing and DELIVERY of the PRODUCTS.
With respect to PRODUCTS with available options, these specific references appear when the proper options have been chosen. Orders placed must include all the information needed for proper processing of the order. The CUSTOMER must also indicate which delivery option has been chosen.
5.2.3. Receipt
When all of the steps listed above have been completed, a page will be displayed on the SITE acknowledging receipt of the order placed by the CUSTOMER. A copy of the acknowledgment of receipt is automatically sent to the CUSTOMER by email, if the email address indicated on the inscription form is correct. The SELLER does not send an order confirmation by either postal mail or fax.
5.2.4. Invoicing
During the order process, the CUSTOMER must enter the information needed for invoicing [the (*) sign indicates the mandatory fields to be filled in before the SELLER can process the CUSTOMER’s order]. The CUSTOMER must clearly indicate all information related to DELIVERY, in particular the exact DELIVERY address, as well as any required access codes at the DELIVERY address. The CUSTOMER should then indicate how payment will be made. Neither the CUSTOMER’s online purchase order nor the acknowledgment of receipt sent by the SELLER to the CUSTOMER by email constitutes an invoice. However the order is placed or payment is made, the CUSTOMER will receive an original of the invoice upon PRODUCT DELIVERY, found inside the parcel.
5.3. Order date
The order date is the date upon which the SELLER acknowledges receipt of the online order. Deadlines indicated on the SITE do not start until this date.
5.4. Prices
For all PRODUCTS, the CUSTOMER will find prices listed on the SITE that include all taxes, as well as applicable delivery fees (depending on parcel weight, excluding wrapping and gifts, on the DELIVERY address and on the carrier or means of transport chosen). Prices are not subject to VAT.
The prices of the SELLER’s suppliers may be modified. Consequently, prices indicated on the SITE may change. They may also be modified if there are special offers or sales. Prices indicated are valid, except for gross error. The applicable price is the one indicated on the SITE on the date the CUSTOMER places an order.
5.5. PRODUCT availability
Depending on the PRODUCT, the SELLER may manage stocks with a “just-in-time” approach. Consequently, PRODUCT availability is contingent on the SELLER’s stocks. The SELLER shall honor orders received subject to PRODUCT availability. In principle, PRODUCT unavailability is indicated on the PRODUCT page. CUSTOMERS may also be informed of PRODUCT restocking by the SELLER. In any case, if unavailability is not indicated when an order is placed, the SELLER shall inform the CUSTOMER as soon as possible if the PRODUCT is no longer available. At the CUSTOMER’s request, the SELLER may either suggest sending all PRODUCTS together when the unavailable PRODUCTS are once again available, or make a partial shipment of available PRODUCTS and send the remaining order when the unavailable PRODUCTS are once again available, subject to providing clear information on additional delivery fees that might be required, or suggesting an alternate PRODUCT with an equivalent quality and price that is accepted by the CUSTOMER.
If CUSTOMERS decide to cancel an order for unavailable PRODUCTS, they will be reimbursed for all amounts paid for unavailable PRODUCTS, without delay and no later than thirty (30) days after payment.
Article 6 Right of withdrawal
The means of withdrawal are listed in the “Withdrawal Policy” available in Annex 1 of these General Terms and are available through a hypertext link found at the bottom of each SITE page.
Article 7 PAYMENT
7.1. Means of payment
The CUSTOMER may pay for PRODUCTS online through the SITE according to the means proposed by the SELLER. CUSTOMERS guarantee the SELLER that they have the necessary authorization to use the means of payment chosen. The SELLER shall take all necessary measures to guarantee the security and confidentiality of data sent in the context of online payment at the SITE. It should be noted that all information related to payment supplied on the SITE is sent to the SITE’s bank and is not processed by the SITE.
7.2. Payment date
If a sole payment is made using a credit card, the CUSTOMER’s account will be charged when the order for PRODUCTS is placed on the SITE. In case of partial DELIVERY, the total amount will be charged to the CUSTOMER’s account when the first parcel is sent. If the CUSTOMER decides to cancel an order for unavailable PRODUCTS, reimbursement will be made in compliance with the last paragraph of Article 5.5 of these General Terms.
7.3. PAYMENT DELAY OR REFUSAL
If the bank refuses to accept a card or any other means of payment, the CUSTOMER must contact the SELLER’s Customer Service and pay for the order by another valid means of payment. If, for any reason whatsoever—cancellation, refusal or other—transmission of money from the CUSTOMER is impossible, the order will be canceled and the sale automatically terminated.
Article 8 Proof and archiving
Any contract made with the CUSTOMER for an amount above 120 euros, tax included, will be archived by the SELLER for a period of ten (10) years, in compliance with Article L. 134-2 of the French Consumer Code. The SELLER shall accept archiving this information to ensure tracking of transactions and shall provide a copy of the contract if requested by the CUSTOMER. In the event of a dispute, the SELLER shall have the possibility of proving that the SELLER’s electronic tracking system is reliable and that the SELLER guarantees the integrity of the transaction.
Article 9 Transfer of property
The SELLER is the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER. Upon reception of the PRODUCTS, the provisions listed above shall not hinder the transfer to the CUSTOMER, or to a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS contingent on the retention of title, as well as the risk of damage they may cause.
Article 10 Delivery
The means of PRODUCT DELIVERY are listed in the “Delivery Policy” available in Annex 2 of these General Terms and are available through a hypertext link found at the bottom of each SITE page.
Article 11 Packaging
The PRODUCTS shall be packaged in conformity with transport standards currently in force to guarantee maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS shall follow these same standards when they return PRODUCTS under the conditions listed in Annex 1 - Withdrawal Policy.
Article 12 Guarantees
12.1. Guarantee of conformity
The SELLER shall deliver a compliant PRODUCT; that is, one that is appropriate for the expected use of similar goods and corresponding to the description given on the SITE. Conformity also means that the PRODUCT has the characteristics that a purchaser may legitimately expect in light of the public declarations made by the SELLER, including in advertisements and on labels. In this context, the SELLER is responsible for defects in conformity at DELIVERY and defects in conformity resulting from packaging, assembly or installation when the SELLER or someone under the SELLER’s responsibility carries out these operations. Action to amend a defect in conformity must be undertaken within two (2) years from the date of PRODUCT DELIVERY. If there is a defect in conformity, the CUSTOMER may request either replacement or repair of the PRODUCT. However, if the cost of the CUSTOMER’s choice is grossly disproportionate with respect to the other possible option, and in light of the PRODUCT’s value or the extent of defect, the SELLER may provide a reimbursement without complying with the CUSTOMER’s choice. If a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT within 30 days of receiving a returned PRODUCT and in exchange for receiving the PRODUCT from the CUSTOMER at the following address: 23 rue Roger Radisson, 69005 Lyon, France.
12.2. Guarantee against hidden defects
The SELLER shall guarantee against hidden defects in the item sold that make it inappropriate for the use for which it was designed or that interferes with this use in such a way that the CUSTOMER would not have otherwise acquired it or would have paid less for it. This guarantee enables a CUSTOMER who proves the existence of a hidden defect to choose between a reimbursement of PRODUCT price, if it is returned, or a partial reimbursement of PRODUCT price, if it is not returned. If a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT within 30 days of receiving a returned PRODUCT and in exchange for receiving the PRODUCT from the CUSTOMER at the following address: 23 rue Roger Radisson, 69005 Lyon, France. Action to amend hidden defects must be carried out by the CUSTOMER within two years starting from discovery of the defect.
Article 13 Responsibility
The SELLER shall in no case be held responsible for the non-execution or poor execution of contractual obligations that can be attributed to the CUSTOMER, in particular when the CUSTOMER places an order.
The SELLER shall not be held responsible or considered as having failed to honor these General Terms for any delay or non-execution when the cause of delay or non-execution results from force majeure as defined by French legal jurisprudence. In addition, the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER is not responsible for outside information published on the SITE. Links to third-party websites are provided as an indication, and their contents are not guaranteed.
Article 14 Personal data
On the SITE, the SELLER collects personal data concerning CUSTOMERS, including through the use of cookies. CUSTOMERS may deactivate the cookies by following instructions provided on their browser.
Data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyze orders and, if the CUSTOMER has chosen this option, send sales prospection documents, newsletters, promotional offers and/or information on special sales to the CUSTOMER, unless the CUSTOMER no longer wishes to receive communications of this type from the SELLER.
CUSTOMER data is kept confidentially by the SELLER, in compliance with the declaration made to the CNIL, for the requirements of the contract and its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time through their account or by clicking on the hypertext link inserted for this purpose at the bottom of each offer received by email.
All or part of the data may be communicated to the SELLER’s service providers who intervene in the ordering process. For commercial purposes, the SELLER may transfer to the SELLER’s commercial partners the names and contact information of the SELLER’s CUSTOMERS, subject to the previous agreement of the latter when they register on the SITE. The SELLER shall specifically ask CUSTOMERS if they wish their personal data to be released. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask CUSTOMERS if they wish to receive commercial offers from the SELLER’s partners.
In compliance with Law 78-17 dated January 6, 1978, concerning information, files and civil liberties, CUSTOMERS have the right to access, rectify, oppose (for legitimate reasons) and remove their personal data. They may exercise this right by sending an email to revenue.management@ehotels-lyon.com or a letter to 3 rue Roger Radisson, 69005, Lyon, France. CUSTOMERS must justify their identity either by scanning an identity document or by sending the SELLER a photocopy of their identity document.
Article 15 Claims
The SELLER provides a “Customer Phone Service” for CUSTOMERS at the following number: +334 74 700 700 (non-surcharged rate). Written claims from CUSTOMERS should be sent to the following address: 23 rue Roger Radisson - 69005 Lyon, France.
Article 16 Intellectual property
All visual and audible elements on the SITE, including the underlying technology used to create them, are protected by copyright, brand copyright and/or patents. These elements are the exclusive property of the SELLER. Anyone who wishes to publish a website and create a direct hypertext link to the SITE must request authorization from the SELLER in writing. The SELLER’s authorization shall in no instance be granted definitively. This link must be removed at the SELLER’s request. Hypertext links to the SITE that use techniques such as framing or insertion through hypertext links (in-line linking) are strictly forbidden.
Article 17 Validity of the General Terms
Any change in legislation or regulations currently in force or any decision from a competent court that invalidates one or more of the clauses of these General Terms shall not affect the validity of these General Terms. This type of change or decision shall in no way authorize CUSTOMERS to disregard these General Terms.
All conditions not expressly listed in these General Terms shall be regulated according to the usage of the private commercial sector for companies with a head office located in France.
Article 18 Modification of the General Terms
These General Terms apply to all purchases made online from the SITE, as long as the SITE is available online. The General Terms are dated in a precise way and may be modified and updated by the SELLER at any time. The applicable General Terms are those in force when an order is placed. Changes made to the General Terms do not apply to PRODUCTS already purchased.
Article 19 Competency and applicable law
These General Terms, as well as relations between the CUSTOMER and the SELLER, are governed by French law. In case of litigation, only the French courts have competency. However, before any recourse to an arbitrating or state judge, negotiation in a spirit of fairness and good faith should be preferred, in view of reaching an amicable agreement, whenever there is a conflict related to this contract, including as related to its validity. The party wishing to implement a negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, at the end of a period of fifteen (15) cays, the parties are unable to reach an agreement, the dispute shall be submitted to the competent jurisdiction designated hereinafter. Throughout the negotiation process and until it is completed, the parties shall not take legal action against each other with respect to the conflict that is subject to negotiation. As an exception, the parties are authorized to bring the matter before the court of summary proceedings or to seek a procedure on request. A possible action before the court of summary proceedings or the implementation of a procedure upon request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.
ANNEX 1 WITHDRAWAL POLICY
Withdrawal principle: The CUSTOMER has in principle the right to return or restitute the PRODUCT to the SELLER or to an individual designated by the SELLER, without excessive delay, and at the latest within fourteen (14) days following the decision to withdraw, unless the SELLER offers to pick up the PRODUCT.
Withdrawal deadline: The withdrawal deadline expires fourteen (14) calendar days after the date on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT. If the CUSTOMER’s order involves several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal deadline expires fourteen (14) days after the date on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
Notification of withdrawal right: To exercise the right of withdrawal, CUSTOMERS must notify their decision to withdraw from this contract through an unambiguous declaration sent to: 23 rue Roger Radisson, 69005 Lyon, France, or revenue.management@ehotels-lyon.com. The Withdrawal Form on the withdrawal page may also be used. To comply with the withdrawal deadline, CUSTOMERS must send their communication related to the withdrawal right before expiry of the withdrawal period.
Withdrawal consequences: If a CUSTOMER withdraws, the SELLER shall reimburse all sums paid, including delivery fees, without excessive delay and at the latest fourteen (14) days starting from the date on which the SELLER is informed of the CUSTOMER’s wish to withdraw. The SELLER shall reimburse through the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER has expressly agreed to a different means; in any case, this reimbursement shall not lead to supplementary fees for the CUSTOMER. The SELLER may defer reimbursement until the goods have been received or until the CUSTOMER has supplied proof of shipment of the goods, the date chosen depending on which of these events occurs first.
Means of return: CUSTOMERS must, without excessive delay and at the latest fourteen (14) days after communication of their decision to withdraw from this contract, send the goods to: 23 rue Roger Radisson - 69005 Lyon, France. This deadline is considered to have been met if the CUSTOMER returns the goods before the fourteen-day expiry period
Return costs: The CUSTOMER must pay the direct costs for returning the goods.
State of the goods returned: The PRODUCT must be returned according to the SELLER’s instructions and include any accessories delivered with the goods. The CUSTOMER is responsible only for depreciation of the goods resulting from manipulations other than those required to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CUSTOMER may test the PRODUCT but the CUSTOMER’s responsibility may be involved if the CUSTOMER carries out manipulations other than those required.
Packaging: The PRODUCTS shall be packaged in conformity with transport standards currently in force to guarantee maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS shall follow the same standards when they return PRODUCTS. CUSTOMERS must return the inappropriate PRODUCT in its original packaging and in good condition, ready to be resold.
Withdrawal right exclusions: It is not possible to withdraw under the following circumstances: Supply of goods or services with a price that depends on financial market fluctuation; Supply of goods made according to CUSTOMER specifications or clearly personalized; Supply of goods that deteriorate or expire quickly; Supply of sealed audio or video recordings if they have been unsealed after delivery; Journals, newspapers, magazines (unless subscribed to); Lodging services other than for residential purposes, transport of goods, car rental, restaurant service or services tied to leisure activities if the offer includes a specific date or period of execution; Supply of goods that by their nature are mixed in an indissociable way with other items; Supply of sealed goods that cannot be returned for reasons of health or hygiene and that have been unsealed by the CUSTOMER after DELIVERY; Supply of alcoholic beverages with a price decided upon when the sales contract was concluded and that cannot be delivered until 30 days later, and whose actual value depends on the market and is not under the SELLER’s control; Supply of digital contents that are not furnished in a dematerialized way if execution was begun with the previous express consent of consumers, who also recognize their inability to withdraw from contracts made during a public auction.
ANNEX 2 DELIVERY POLICY Delivery zone: PRODUCTS offered can be delivered only in the TERRITORY. It is impossible to order from an address located outside this TERRITORY. PRODUCTS are sent to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Shipping time
The time needed to prepare an order and establish the invoice before shipment of PRODUCTS in stock is mentioned on the SITE. This time period does not include weekends and holidays. An email will automatically be sent to the CUSTOMER when PRODUCTS are shipped if the email found on the registration form is correct. Delivery times and fees: During the ordering process, the SELLER shall indicate to the CUSTOMER the time required and possible means of shipment for the PRODUCTS purchased. Shipping costs are calculated according to type of delivery. These costs shall be paid for by the CUSTOMER in addition to the price of the PRODUCTS purchased. Information on delivery times and fees is given on the SITE. Means of DELIVERY: The parcel shall be given to the CUSTOMER after signing and upon presentation of an identity document. In case of absence, the CUSTOMER will receive a delivery notice that enables picking up the parcel at the CUSTOMER’s post office. DELIVERY issues: CUSTOMERS are informed of the delivery date when they chose the type of carrier at the end of the online ordering process before confirming the order. Deliveries are made within a maximum of thirty (30) days. If this is not possible, the CUSTOMER must make a formal request to the SELLER to deliver within a reasonable period of time; if DELIVERY is not made, the CUSTOMER may rescind the contract. The SELLER shall reimburse the CUSTOMER, without excessive delay and starting from reception of the termination letter, for the total amount paid for PRODUCTS, taxes and delivery fees included, through the same payment method that the CUSTOMER used to purchase the PRODUCTS. The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. The CUSTOMER has three (3) days to notify the carrier of damage or partial loss observed upon delivery These General Terms of Sale (hereinafter, the “General Terms”) apply to any purchase made by a site visitor / physical person (hereinafter, the “CUSTOMER”) on the www.hotel-boxcadeau.com website (hereinafter, the “SITE”) from Fourvière Hotel Lyon, a joint stock company with capital of €100,000, SIRET no. 802 731 182 00019 registered in Lyon, with a head office at 23 Rue Roger Radisson, 69005 Lyon, France, email : revenue.management@ehotels-lyon.com, (hereinafter, the “SELLER”).
PLEASE NOTE: Orders made on the SITE imply the mandatory acceptance without reserves by the CUSTOMER of these General Terms.
Article 1 DEFINITION
In these General Terms, the words used below have the following meaning:
“CUSTOMER”: designates the co-contractor of the SELLER; the CUSTOMER guarantees being a consumer as defined by French law and jurisprudence. For this reason, it is expressly stated that this CUSTOMER acts independently of any customary or commercial activity. “DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated on the order. “PRODUCTS”: designates all products available on the SITE. “TERRITORY”: designates metropolitan FRANCE, including Corsica (and excluding overseas territories).
Article 2 PURPOSE
These General Terms regulate the sale of PRODUCTS by the SELLER to the CUSTOMER. The CUSTOMER is clearly informed and recognizes that the SITE addresses consumers and that professionals must contact the SELLER’s commercial service to benefit from distinct contractual conditions.
Article 3 ACCEPTANCE OF GENERAL TERMS
The CUSTOMER shall carefully read and accept these General Terms before proceeding to pay for PRODUCTS ordered on the SITE. These General Terms are available through a link at the bottom of each SITE page and must be read before placing an order. The CUSTOMER should carefully read, download and print the General Terms and keep a copy of them. The SELLER recommends that the CUSTOMER read the General Terms with each new order, since the latest version of these General Terms applies to any new PRODUCT order. By clicking on the first button to place and order and then on the second one to confirm it, the CUSTOMER recognizes having read, understood and accepted the General Terms, without limitations or conditions.
Article 4 OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, must be able to justify the agreement of the CUSTOMER’s legal representatives. The CUSTOMER will be asked to supply information that enables identification by filling in the form available on the SITE. The (*) sign indicates a mandatory field that must be filled in to enable processing of the CUSTOMER’s order by the SELLER. The CUSTOMER may check order status on the SITE. The DELIVERY may, if necessary, be tracked using the online tracking tools of certain carriers. The CUSTOMER may contact the SELLER’s commercial service at any time with an email to the revenue.management@ehotels-lyon address to obtain information on order status. Information provided by the CUSTOMER to the SELLER for an order must be given in full and be correct and up-to-date. The SELLER reserves the right to ask CUSTOMERS to confirm by any appropriate means their identity, eligibility and any information provided.
Article 5 ORDERS
Article 5.1 Product characteristics
The SELLER shall make best efforts to present as clearly as possible the main characteristics of the PRODUCTS (on data sheets available from the SITE), as well as the mandatory information that the CUSTOMER must receive concerning applicable laws (for these General Terms). The CUSTOMER shall carefully read this information before ordering on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular as concerns constraints related to suppliers. Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and compliant with European legislation currently in force and the standards applicable in France.
Article 5.2 Order procedure
PRODUCTS are ordered directly on the SITE. To place an order, the CUSTOMER must follow the steps listed below (please note, however, that depending on the CUSTOMER’s starting page, the steps may be slightly different).
5.2.1. Selection of PRODUCTS and purchasing options
The CUSTOMER must choose the PRODUCT(s) by clicking on the pertinent PRODUCT(s) and selecting the desired characteristics and qualities. Once a PRODUCT has been chosen, the PRODUCT is placed in the CUSTOMER’s shopping cart. The CUSTOMER may add as many PRODUCTS as desired to the shopping cart.
5.2.2. Orders
When the chosen PRODUCTS have been placed in the shopping cart, the CUSTOMER must click on the cart and check that the order contents are correct. If CUSTOMERS have not yet done so, they will be asked to identify themselves or sign in. When CUSTOMERS have validated shopping cart contents and identified themselves or signed in, an online formula will be automatically displayed that recapitulates prices, applicable taxes and, if necessary, delivery fees. CUSTOMERS are asked to verify the contents of their order (including quantity, characteristics and references for PRODUCTS ordered; invoicing address; means of payment and price) before validating these contents. The CUSTOMER may then pay for the PRODUCTS by following the instructions given on the SITE and supply all the necessary information for invoicing and DELIVERY of the PRODUCTS.
With respect to PRODUCTS with available options, these specific references appear when the proper options have been chosen. Orders placed must include all the information needed for proper processing of the order. The CUSTOMER must also indicate which delivery option has been chosen.
5.2.3. Receipt
When all of the steps listed above have been completed, a page will be displayed on the SITE acknowledging receipt of the order placed by the CUSTOMER. A copy of the acknowledgment of receipt is automatically sent to the CUSTOMER by email, if the email address indicated on the inscription form is correct. The SELLER does not send an order confirmation by either postal mail or fax.
5.2.4. Invoicing
During the order process, the CUSTOMER must enter the information needed for invoicing [the (*) sign indicates the mandatory fields to be filled in before the SELLER can process the CUSTOMER’s order]. The CUSTOMER must clearly indicate all information related to DELIVERY, in particular the exact DELIVERY address, as well as any required access codes at the DELIVERY address. The CUSTOMER should then indicate how payment will be made. Neither the CUSTOMER’s online purchase order nor the acknowledgment of receipt sent by the SELLER to the CUSTOMER by email constitutes an invoice. However the order is placed or payment is made, the CUSTOMER will receive an original of the invoice upon PRODUCT DELIVERY, found inside the parcel.
5.3. Order date The order date is the date upon which the SELLER acknowledges receipt of the online order. Deadlines indicated on the SITE do not start until this date.
5.4. Prices
For all PRODUCTS, the CUSTOMER will find prices listed on the SITE that include all taxes, as well as applicable delivery fees (depending on parcel weight, excluding wrapping and gifts, on the DELIVERY address and on the carrier or means of transport chosen). Prices are not subject to VAT.
The prices of the SELLER’s suppliers may be modified. Consequently, prices indicated on the SITE may change. They may also be modified if there are special offers or sales. Prices indicated are valid, except for gross error. The applicable price is the one indicated on the SITE on the date the CUSTOMER places an order.
5.5. PRODUCT availability
Depending on the PRODUCT, the SELLER may manage stocks with a “just-in-time” approach. Consequently, PRODUCT availability is contingent on the SELLER’s stocks. The SELLER shall honor orders received subject to PRODUCT availability. In principle, PRODUCT unavailability is indicated on the PRODUCT page. CUSTOMERS may also be informed of PRODUCT restocking by the SELLER. In any case, if unavailability is not indicated when an order is placed, the SELLER shall inform the CUSTOMER as soon as possible if the PRODUCT is no longer available. At the CUSTOMER’s request, the SELLER may either suggest sending all PRODUCTS together when the unavailable PRODUCTS are once again available, or make a partial shipment of available PRODUCTS and send the remaining order when the unavailable PRODUCTS are once again available, subject to providing clear information on additional delivery fees that might be required, or suggesting an alternate PRODUCT with an equivalent quality and price that is accepted by the CUSTOMER.
If CUSTOMERS decide to cancel an order for unavailable PRODUCTS, they will be reimbursed for all amounts paid for unavailable PRODUCTS, without delay and no later than thirty (30) days after payment.
Article 6 Right of withdrawal
The means of withdrawal are listed in the “Withdrawal Policy” available in Annex 1 of these General Terms and are available through a hypertext link found at the bottom of each SITE page.
Article 7 PAYMENT
7.1. Means of payment
The CUSTOMER may pay for PRODUCTS online through the SITE according to the means proposed by the SELLER. CUSTOMERS guarantee the SELLER that they have the necessary authorization to use the means of payment chosen. The SELLER shall take all necessary measures to guarantee the security and confidentiality of data sent in the context of online payment at the SITE. It should be noted that all information related to payment supplied on the SITE is sent to the SITE’s bank and is not processed by the SITE.
7.2. Payment date
If a sole payment is made using a credit card, the CUSTOMER’s account will be charged when the order for PRODUCTS is placed on the SITE. In case of partial DELIVERY, the total amount will be charged to the CUSTOMER’s account when the first parcel is sent. If the CUSTOMER decides to cancel an order for unavailable PRODUCTS, reimbursement will be made in compliance with the last paragraph of Article 5.5 of these General Terms.
7.3. PAYMENT DELAY OR REFUSAL
If the bank refuses to accept a card or any other means of payment, the CUSTOMER must contact the SELLER’s Customer Service and pay for the order by another valid means of payment. If, for any reason whatsoever—cancellation, refusal or other—transmission of money from the CUSTOMER is impossible, the order will be canceled and the sale automatically terminated.
Article 8 Proof and archiving
Any contract made with the CUSTOMER for an amount above 120 euros, tax included, will be archived by the SELLER for a period of ten (10) years, in compliance with Article L. 134-2 of the French Consumer Code. The SELLER shall accept archiving this information to ensure tracking of transactions and shall provide a copy of the contract if requested by the CUSTOMER. In the event of a dispute, the SELLER shall have the possibility of proving that the SELLER’s electronic tracking system is reliable and that the SELLER guarantees the integrity of the transaction.
Article 9 Transfer of property
The SELLER is the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER. Upon reception of the PRODUCTS, the provisions listed above shall not hinder the transfer to the CUSTOMER, or to a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS contingent on the retention of title, as well as the risk of damage they may cause.
Article 10 Delivery
The means of PRODUCT DELIVERY are listed in the “Delivery Policy” available in Annex 2 of these General Terms and are available through a hypertext link found at the bottom of each SITE page.
Article 11 Packaging
The PRODUCTS shall be packaged in conformity with transport standards currently in force to guarantee maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS shall follow these same standards when they return PRODUCTS under the conditions listed in Annex 1 - Withdrawal Policy.
Article 12 Guarantees
12.1. Guarantee of conformity
The SELLER shall deliver a compliant PRODUCT; that is, one that is appropriate for the expected use of similar goods and corresponding to the description given on the SITE. Conformity also means that the PRODUCT has the characteristics that a purchaser may legitimately expect in light of the public declarations made by the SELLER, including in advertisements and on labels. In this context, the SELLER is responsible for defects in conformity at DELIVERY and defects in conformity resulting from packaging, assembly or installation when the SELLER or someone under the SELLER’s responsibility carries out these operations. Action to amend a defect in conformity must be undertaken within two (2) years from the date of PRODUCT DELIVERY. If there is a defect in conformity, the CUSTOMER may request either replacement or repair of the PRODUCT. However, if the cost of the CUSTOMER’s choice is grossly disproportionate with respect to the other possible option, and in light of the PRODUCT’s value or the extent of defect, the SELLER may provide a reimbursement without complying with the CUSTOMER’s choice. If a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT within 30 days of receiving a returned PRODUCT and in exchange for receiving the PRODUCT from the CUSTOMER at the following address: 23 rue Roger Radisson, 69005 Lyon, France.
12.2. Guarantee against hidden defects
The SELLER shall guarantee against hidden defects in the item sold that make it inappropriate for the use for which it was designed or that interferes with this use in such a way that the CUSTOMER would not have otherwise acquired it or would have paid less for it. This guarantee enables a CUSTOMER who proves the existence of a hidden defect to choose between a reimbursement of PRODUCT price, if it is returned, or a partial reimbursement of PRODUCT price, if it is not returned. If a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT within 30 days of receiving a returned PRODUCT and in exchange for receiving the PRODUCT from the CUSTOMER at the following address: 23 rue Roger Radisson, 69005 Lyon, France. Action to amend hidden defects must be carried out by the CUSTOMER within two years starting from discovery of the defect.
Article 13 Responsibility
The SELLER shall in no case be held responsible for the non-execution or poor execution of contractual obligations that can be attributed to the CUSTOMER, in particular when the CUSTOMER places an order.
The SELLER shall not be held responsible or considered as having failed to honor these General Terms for any delay or non-execution when the cause of delay or non-execution results from force majeure as defined by French legal jurisprudence. In addition, the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER is not responsible for outside information published on the SITE. Links to third-party websites are provided as an indication, and their contents are not guaranteed.
Article 14 Personal data
On the SITE, the SELLER collects personal data concerning CUSTOMERS, including through the use of cookies. CUSTOMERS may deactivate the cookies by following instructions provided on their browser.
Data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyze orders and, if the CUSTOMER has chosen this option, send sales prospection documents, newsletters, promotional offers and/or information on special sales to the CUSTOMER, unless the CUSTOMER no longer wishes to receive communications of this type from the SELLER.
CUSTOMER data is kept confidentially by the SELLER, in compliance with the declaration made to the CNIL, for the requirements of the contract and its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time through their account or by clicking on the hypertext link inserted for this purpose at the bottom of each offer received by email.
All or part of the data may be communicated to the SELLER’s service providers who intervene in the ordering process. For commercial purposes, the SELLER may transfer to the SELLER’s commercial partners the names and contact information of the SELLER’s CUSTOMERS, subject to the previous agreement of the latter when they register on the SITE. The SELLER shall specifically ask CUSTOMERS if they wish their personal data to be released. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask CUSTOMERS if they wish to receive commercial offers from the SELLER’s partners.
In compliance with Law 78-17 dated January 6, 1978, concerning information, files and civil liberties, CUSTOMERS have the right to access, rectify, oppose (for legitimate reasons) and remove their personal data. They may exercise this right by sending an email to revenue.management@ehotels-lyon.com or a letter to 3 rue Roger Radisson, 69005, Lyon, France. CUSTOMERS must justify their identity either by scanning an identity document or by sending the SELLER a photocopy of their identity document.
Article 15 Claims
The SELLER provides a “Customer Phone Service” for CUSTOMERS at the following number: +334 74 700 700 (non-surcharged rate). Written claims from CUSTOMERS should be sent to the following address: 23 rue Roger Radisson - 69005 Lyon, France.
Article 16 Intellectual property
All visual and audible elements on the SITE, including the underlying technology used to create them, are protected by copyright, brand copyright and/or patents. These elements are the exclusive property of the SELLER. Anyone who wishes to publish a website and create a direct hypertext link to the SITE must request authorization from the SELLER in writing. The SELLER’s authorization shall in no instance be granted definitively. This link must be removed at the SELLER’s request. Hypertext links to the SITE that use techniques such as framing or insertion through hypertext links (in-line linking) are strictly forbidden.
Article 17 Validity of the General Terms
Any change in legislation or regulations currently in force or any decision from a competent court that invalidates one or more of the clauses of these General Terms shall not affect the validity of these General Terms. This type of change or decision shall in no way authorize CUSTOMERS to disregard these General Terms.
All conditions not expressly listed in these General Terms shall be regulated according to the usage of the private commercial sector for companies with a head office located in France.
Article 18 Modification of the General Terms
These General Terms apply to all purchases made online from the SITE, as long as the SITE is available online. The General Terms are dated in a precise way and may be modified and updated by the SELLER at any time. The applicable General Terms are those in force when an order is placed. Changes made to the General Terms do not apply to PRODUCTS already purchased.
Article 19 Competency and applicable law
These General Terms, as well as relations between the CUSTOMER and the SELLER, are governed by French law. In case of litigation, only the French courts have competency. However, before any recourse to an arbitrating or state judge, negotiation in a spirit of fairness and good faith should be preferred, in view of reaching an amicable agreement, whenever there is a conflict related to this contract, including as related to its validity. The party wishing to implement a negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, at the end of a period of fifteen (15) cays, the parties are unable to reach an agreement, the dispute shall be submitted to the competent jurisdiction designated hereinafter. Throughout the negotiation process and until it is completed, the parties shall not take legal action against each other with respect to the conflict that is subject to negotiation. As an exception, the parties are authorized to bring the matter before the court of summary proceedings or to seek a procedure on request. A possible action before the court of summary proceedings or the implementation of a procedure upon request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.
ANNEX 1 WITHDRAWAL POLICY
Withdrawal principle: The CUSTOMER has in principle the right to return or restitute the PRODUCT to the SELLER or to an individual designated by the SELLER, without excessive delay, and at the latest within fourteen (14) days following the decision to withdraw, unless the SELLER offers to pick up the PRODUCT.
Withdrawal deadline: The withdrawal deadline expires fourteen (14) calendar days after the date on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT. If the CUSTOMER’s order involves several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal deadline expires fourteen (14) days after the date on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
Notification of withdrawal right: To exercise the right of withdrawal, CUSTOMERS must notify their decision to withdraw from this contract through an unambiguous declaration sent to: 23 rue Roger Radisson, 69005 Lyon, France, or revenue.management@ehotels-lyon.com. The Withdrawal Form on the withdrawal page may also be used. To comply with the withdrawal deadline, CUSTOMERS must send their communication related to the withdrawal right before expiry of the withdrawal period.
Withdrawal consequences: If a CUSTOMER withdraws, the SELLER shall reimburse all sums paid, including delivery fees, without excessive delay and at the latest fourteen (14) days starting from the date on which the SELLER is informed of the CUSTOMER’s wish to withdraw. The SELLER shall reimburse through the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER has expressly agreed to a different means; in any case, this reimbursement shall not lead to supplementary fees for the CUSTOMER. The SELLER may defer reimbursement until the goods have been received or until the CUSTOMER has supplied proof of shipment of the goods, the date chosen depending on which of these events occurs first.
Means of return: CUSTOMERS must, without excessive delay and at the latest fourteen (14) days after communication of their decision to withdraw from this contract, send the goods to: 23 rue Roger Radisson - 69005 Lyon, France. This deadline is considered to have been met if the CUSTOMER returns the goods before the fourteen-day expiry period
Return costs: The CUSTOMER must pay the direct costs for returning the goods.
State of the goods returned: The PRODUCT must be returned according to the SELLER’s instructions and include any accessories delivered with the goods. The CUSTOMER is responsible only for depreciation of the goods resulting from manipulations other than those required to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CUSTOMER may test the PRODUCT but the CUSTOMER’s responsibility may be involved if the CUSTOMER carries out manipulations other than those required.
Packaging: The PRODUCTS shall be packaged in conformity with transport standards currently in force to guarantee maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS shall follow the same standards when they return PRODUCTS. CUSTOMERS must return the inappropriate PRODUCT in its original packaging and in good condition, ready to be resold.
Withdrawal right exclusions: It is not possible to withdraw under the following circumstances: Supply of goods or services with a price that depends on financial market fluctuation; Supply of goods made according to CUSTOMER specifications or clearly personalized; Supply of goods that deteriorate or expire quickly; Supply of sealed audio or video recordings if they have been unsealed after delivery; Journals, newspapers, magazines (unless subscribed to); Lodging services other than for residential purposes, transport of goods, car rental, restaurant service or services tied to leisure activities if the offer includes a specific date or period of execution; Supply of goods that by their nature are mixed in an indissociable way with other items; Supply of sealed goods that cannot be returned for reasons of health or hygiene and that have been unsealed by the CUSTOMER after DELIVERY; Supply of alcoholic beverages with a price decided upon when the sales contract was concluded and that cannot be delivered until 30 days later, and whose actual value depends on the market and is not under the SELLER’s control; Supply of digital contents that are not furnished in a dematerialized way if execution was begun with the previous express consent of consumers, who also recognize their inability to withdraw from contracts made during a public auction.
ANNEX 2 DELIVERY POLICY
Delivery zone: PRODUCTS offered can be delivered only in the TERRITORY. It is impossible to order from an address located outside this TERRITORY. PRODUCTS are sent to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Shipping time
The time needed to prepare an order and establish the invoice before shipment of PRODUCTS in stock is mentioned on the SITE. This time period does not include weekends and holidays. An email will automatically be sent to the CUSTOMER when PRODUCTS are shipped if the email found on the registration form is correct. Delivery times and fees: During the ordering process, the SELLER shall indicate to the CUSTOMER the time required and possible means of shipment for the PRODUCTS purchased. Shipping costs are calculated according to type of delivery. These costs shall be paid for by the CUSTOMER in addition to the price of the PRODUCTS purchased. Information on delivery times and fees is given on the SITE. Means of DELIVERY: The parcel shall be given to the CUSTOMER after signing and upon presentation of an identity document. In case of absence, the CUSTOMER will receive a delivery notice that enables picking up the parcel at the CUSTOMER’s post office. DELIVERY issues: CUSTOMERS are informed of the delivery date when they chose the type of carrier at the end of the online ordering process before confirming the order. Deliveries are made within a maximum of thirty (30) days. If this is not possible, the CUSTOMER must make a formal request to the SELLER to deliver within a reasonable period of time; if DELIVERY is not made, the CUSTOMER may rescind the contract. The SELLER shall reimburse the CUSTOMER, without excessive delay and starting from reception of the termination letter, for the total amount paid for PRODUCTS, taxes and delivery fees included, through the same payment method that the CUSTOMER used to purchase the PRODUCTS. The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. The CUSTOMER has three (3) days to notify the carrier of damage or partial loss observed upon delivery
ANNEX 2 DELIVERY POLICY
Delivery zone: PRODUCTS offered can be delivered only in the TERRITORY. It is impossible to order from an address located outside this TERRITORY. PRODUCTS are sent to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Shipping time
The time needed to prepare an order and establish the invoice before shipment of PRODUCTS in stock is mentioned on the SITE. This time period does not include weekends and holidays. An email will automatically be sent to the CUSTOMER when PRODUCTS are shipped if the email found on the registration form is correct. Delivery times and fees: During the ordering process, the SELLER shall indicate to the CUSTOMER the time required and possible means of shipment for the PRODUCTS purchased. Shipping costs are calculated according to type of delivery. These costs shall be paid for by the CUSTOMER in addition to the price of the PRODUCTS purchased. Information on delivery times and fees is given on the SITE. Means of DELIVERY: The parcel shall be given to the CUSTOMER after signing and upon presentation of an identity document. In case of absence, the CUSTOMER will receive a delivery notice that enables picking up the parcel at the CUSTOMER’s post office. DELIVERY issues: CUSTOMERS are informed of the delivery date when they chose the type of carrier at the end of the online ordering process before confirming the order. Deliveries are made within a maximum of thirty (30) days. If this is not possible, the CUSTOMER must make a formal request to the SELLER to deliver within a reasonable period of time; if DELIVERY is not made, the CUSTOMER may rescind the contract. The SELLER shall reimburse the CUSTOMER, without excessive delay and starting from reception of the termination letter, for the total amount paid for PRODUCTS, taxes and delivery fees included, through the same payment method that the CUSTOMER used to purchase the PRODUCTS. The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. The CUSTOMER has three (3) days to notify the carrier of damage or partial loss observed upon delivery