BEAUNE VISITES EN CAVES - SERVICES
GENERAL SALES CONDITIONS
Version updated on
June 18th, 2021
CLAUSE 1 DEFINITIONS
In these General Sales Conditions, the terms used hereafter shall have the definitions attaching to them insofar as the context does not require otherwise. The singular or plural of each of the terms defined includes their singular or plural where the context so requires or allows.
1.1 Customer:
Means any person whether acting in the context of their professional activity or not, pre-reserving one or more services via the Website, on-site or by telephone. Individuals are to be 18 years old and have legal capacity.
1.2 GSC:
Means these General Sales Conditions whose purpose is to set out the contractual provisions between the Service Provider and the Customer and the conditions applicable to all reservations of services offered via the Website, on-site or by telephone. The purchase of any one of these services involves unreserved acceptance by the Customer of these GSC.
1.3 Service Provider
Means BEAUNE VISITES EN CAVES SNC, a general partnership having a share capital of 1500 Euros whose registered office is situated at BP 70203, 21206 BEAUNE, registered on the Dijon Companies and Business registry under number 413130733 whose VAT number is FR 28 413 130 733.
1.4 Services:
Means services offered for pre-reservation as defined hereafter.
In this case the services are:
- Jean Baptiste Service
- Nicolas Rolin Service
- Guigone de Salin Service
- Visitandines Service
The Service Provider may change these at any time.
1.4 Website
Means the Service Provider's website on which they offer the Services accessible at the following address: www.patriarche.com.
1.5 Pre-reservation
Means the obligatory prior step which the Customer is required to complete in order to be able to reserve the Service.
The pre-reservation procedures are described in Clause 4 of these GSC.
1.6 Reservation
Means the agreement between the Customer and the Service Provider on the conditions and arrangements for reserving a Service following pre-reservation.
The reservation procedures are set out in detail in Clause 5 to these GSC.
CLAUSE 2 - APPLICATION AND ENFORCEABILITY OF THESE GENERAL SALES CONDITIONS
2.1 These GSC apply by right to sales by the Service Provider of the Services to any Customer in the context of their Pre-Reservation and Reservation.
2.2 No special condition will take precedence over these GSC. No condition to the contrary, particularly any purchasing condition will be enforceable against the Service Provider.
2.3 Placing an Order implies full knowledge and unreserved acceptance of these GSC by the Customer.
2.4 These GSC may be subject to change and applicable conditions are those in force at the date a Pre-Reservation is made.
CLAUSE 3 - SERVICES
3.1. Characteristics/ availability of Services
3.1.1 The Service Provider will make all best efforts using the means at its disposal to present a precise description of the Products on the Website and by any other means.
However the Customer acknowledges and accepts that there may be fine differences between the characteristics of the Services (photographs, descriptions, processing Services etc.) provided by Service Provider and those of the Service actually provided. The photographs presented by the Service Provider have no contractual value.
3.1.2 All Services offered by the Service Provider comply with the French legislation in force and with standards applicable in France.
3.1.3 The Service Provider reserves the right to make changes and/or withdraw any information relating to any Service.
3.1.4 Services are offered up to the number of places available for each visit. Where any Service is unavailable, the Service Provider shall inform the Customer by email, letter or telephone of the unavailable Service.
3.1.5 The Service Provider may cancel a Service under the provisions of Clause 8.3 of these GSC.
3.2. Service Prices
3.2.1 The Customer expressly acknowledges having received information relating to Services on the basis of the information and in particular the descriptions provided to them by the Service Provider.
3.2.2 Service prices are shown inclusive of VAT.
3.2.3 The Service Provider reserves the right to change prices of Services at any time, it being understood that prices provided by the Service Provider are valid for the year mentioned on the date of the Pre-Reservation and are the only ones applicable to the Customer except where the Service takes place in a different year.
CLAUSE 4 - PRE-RESERVATION
Website Pre-Reservation Procedures
To reserve one or more Services, it is mandatory to follow the following Pre-Reservation procedures:
· The Customer is to make their choice from the Services offered.
· They are to complete an online pre-registration form on which they are to state all contact details requested. The prime purpose of collecting data is to facilitate their identification by the Service Provider and so enable commercial relations to be monitored for proper processing of Pre-Reservations and Reservations.
· By ticking the box provided, the Customer acknowledges having read these GSC and accepting them.
· Lastly, the Customer will finalise their Pre-Reservation by clicking on the "Confirmed" key.
In this way, the Service Provider is able to then confirm the Pre-Reservation by sending details of the Service including the estimated price at the time of Pre-Reservation (based on the number of participants and all additional options requested by the Customer).
4.2 Other Pre-Reservation Procedures
Pre-Reservations may also be made on-site, by email, telephone or letter to the Service Provider: Beaune Visites en Caves - 7 rue du Collège - 21200 Beaune, telephone in office hours on working days : - 03.80.24.53.87 - email address: crichard@agencebvc providing the following information:
- The Service sought,
- The date
4.3 Pre-Reservation Confirmation
4.3.1. Once a pre-reservation has been confirmed by the Customer, the Service Provider will recontact the email address provided to confirm the Pre Reservation.
In doing so, the Service Provider will confirm their option with details of the Service and prices subject to availability.
4.3.2. The Service Provider reserves the right to cancel or refuse any Pre-Reservation or Reservation made by the Customer with whom any dispute exists relating to the payment of any previous Reservation or where the Customer has no capacity to contract or does not comply with these GSC. Pre-Reservations will be deemed to be acceptance of Service prices and descriptions.
4.3.3. The Service Provider undertakes to honour Pre-Reservations received subject to there being available places. However where there is an insufficient number of participants, this may be considered by the Service Provider as grounds for cancelling some types of services.
CLAUSE 5 - RESERVATIONS
5.1 Reservation Confirmation
5.1.1 Upon receiving the Customer's choice and any additional options, the Service Provider undertakes to provide to the Customer:
- Details of the Service including the estimated total price based on the number of participants provided and any additional items ordered by the Customer.
- A request for the payment of a deposit of 50% of total estimated sum including full bank details.
- A reservation contract to be signed and dated in agreement.
The Reservation is finalised by the Service Provider upon receipt of the reservation contract duly completed and signed by the Customer accompanied by a deposit payment (by bank card or transfer).
Confirmation of the Reservation by the Service Provider upon receipt of the information sent by the Customer will be considered as completion of the Reservation contract and the starting point for the legal time for withdrawal set out in detail in Clause 9 of these GSC.
5.2 Proof of Reservation
It is expressly agreed that emails will be binding on the Parties as will also be the case with automatic recording systems used on the Website in particular in relation to the type and date of the Reservation.
5.3 Reservation Time Limits
In consideration of the special nature of the Services offered by the Service Provider, no request for Pre-Reservation may be made less than fifteen (15) days before the date of the start of each Service in the absence of express agreement by the Service Provider.
CLAUSE 6 - PAYMENT OF DEPOSIT AND INVOICE BALANCE
6.1 Means of Payment
6.1.1. Payment of deposits and balance of invoice may be made:
- By bank card on-site or by contacting the Service Provider by telephone on 03.80.24.53.87 in office hours on working days.
- By bank transfer to the Service Provider's bank account.
6.1.2 The Service Provider reserves the right to change the authorised means of payment mentioned in Clause 6.1.1.
As appropriate, the Service Provider shall inform the Customer of any changes to the authorised means of payment at the time of Pre-Reservation.
6.1.3 Deposits are to be paid within 31 days of the date of the Service.
The Service Provider will not be bound to proceed to carry out the Services ordered by the Customer where they have not paid the deposit under the conditions set out above.
6.2 Invoicing
The invoice will be sent to the Customer once the Service has been completed.
The invoice balance shall be paid within 15 days of completion of the Service.
In the event of late payment, a penalty will be payable equal to three times the legal interest rate in force at the date of invoicing.
Default in payment of an invoice on due date will result, by right, in the application of fixed compensation for recovery of 40 Euros.
No discount will be allowed in the event of early payment.
CLAUSE 7- SERVICES DURATION AND PROCEDURES
7.1 Duration of the Service
The Customer is informed of the duration of the Service at the time of receipt of the Reservation confirmation sent by the Service Provider
The Customer shall in no event have any right whatsoever to remain on the premises after the end of the Service.
In the event that there is an overrun in time, an additional charge will be applied on the basis of the following calculation: 150 Euros inclusive of VAT for each hour of overrun. Any hour which has been started will be payable.
7.2 Arrival on the premises where the Services are provided
The Customer is to arrive on the precise date and at the time mentioned in the Reeservation confirmation document sent to them by the Service Provider.
In the event of being prevented, for any reason whatsoever, the Customer undertakes to notify the Service Provider.
In the event of late arrival or prevention at the last minute, the Customer is to notify the Service Provider whose address and telephone number are set out in the reservation confirmation.
7.3 Interruption to Services
In the event of any interruption by the Customer, no reimbursement will be made.
Where the Service Provider finds it impossible to supply a significant percentage of the Service or to offer replacement solutions, the Customer will be reimbursed for the difference in price estimated in good faith by the parties.
CLAUSE 8 CANCELLATION OF SERVICES
8.1 Cancellation by the Customer
Any cancellation by the Customer is to be notified by email setting out the reservation number to:crichard@agencebvc.com
8.2 Conditions of cancellation by the Customer
Cancellation by the Customer shall have the following consequences:
- up to 3 months from the start of the Service: no cost, deposits to be refunded in full,
- from 3 months to 31 days before the Service: €15 for administration costs
- from 30 to 21 days before the Service: 25% of the total price of the Service will be payable
- from 20 to 8 days before the Service: 20% of the total price of the Service will be payable
- less than 8 days before the start of the Service: 100% of the total price of the Service will be payable.
These conditions do not apply in any case of withdrawal by the Customer under the conditions set out in Clause 9.
8.3 Cancellation by the Service Provider
In consideration of the special nature of the Services sold, the Service Provider reserves their right to cancel the Service offered within a maximum time limit of 10 days before the date for provision, particularly where there is an insufficient number of participants for the Service.
The Service Provider will inform the Customer of this right at the time of sending the confirmation of Reservation.
In this case, the Customer will be reimbursed in full for the sums paid for the Service which has been cancelled without any compensation being retained by the Service Provider or will be offered another date as far as is possible.
CLAUSE 9 - RIGHT OF WITHDRAWAL
9.1 Pursuant to Article L.221-18 of the French Consumer Code, the Code de la Consommation, when the Customer is a consumer within the meaning of the Code, they have a time limit of fourteen (14) days from the date of confirming the Reservation to exercise their right to withdraw, by right, without being required to provide reasons or pay any penalty.
This time limit for withdrawal applies only to reservations made remotely and is not at any event applicable to professional Customers
9.2 To exercise their right to withdraw, the Customer is to refer to the Annexe where there is a standard form for withdrawal to be completed and sent to the Service Provider's customer service Department at the following address:
BEAUNE VISITE EN CAVES - 5 RUE DU COLLEGE - 21200 BEAUNE
The Customer may also notify the Service Provider of any wish to exercise their right of withdrawal by any other means of their choice, expressing their wish to withdraw without ambiguity, mentioning the reservation number affected by the withdrawal.
9.3 In this event, the Customer will be reimbursed for all payments made.
9.4 This reimbursement will take place at the latest fourteen (14) days after the date on which the Service Provider is informed of the decision by the Customer to withdraw.
9.5 The Service Provider will make reimbursement using the same method of payment as that used by the Customer for the original transaction unless the Customer expressly agrees to Patriarche using another method of payment.
9.6 This right to withdraw may not be exercised for contracts listed in Article L 221-28 of the French Consumer Code, the Code de la consommation and in particular for contracts:
« (...)
1. "For the supply of services which have been executed in full before the end of the time limit for withdrawal and whose execution started with the express agreement of the consumer and express waiver of their right to withdrawal (...)"
CLAUSE 10 - LIABILITY/ FORCE MAJEURE
10.1 Given the characteristics and limits of the Internet, the Service Provider will not be liable for any consequences of connection to this network via their Website.
The Service Provider will not be liable for any damage or loss whatsoever caused to a Customer's computer equipment or to data stored on it or for any consequences to their personal, working or commercial activity.
In the same way the Service Provider will not be liable for any error in price displayed where this is due to a computer bug or an intrusion in their computer systems. In such an event, and in particular where the Website shows an identical price for each Service or prices which are clearly wrong, The Service Provider reserves the right to cancel any Order or Reservation.
Moreover, the Service Provider will not be liable in the event of the Website being unavailable at any time and for any reason or duration. Access to the Website may be subject to temporary or final suspension without notice.
10.2 The Service Provider will not be liable for any damage or loss arising from any fault by the Customer in the context of carrying out the Services.
10.3 The customer is liable for any damages originating from their own actions.
10.4 The Service Provider will not be liable for non-execution or improper execution of its obligations where attributable to an unforeseen event or event of force majeure as defined by French case law. In particular but not exclusively, the following are considered as such: war, terrorist threat or attack, explosion, storm, strikes of all types.
10.5 Where the Service Provider is obliged to cancel all or part of the undertakings provided for in the context of the Services, they will make best efforts to replace them by equivalent services.
10.6 Any failure in the execution of the contract disclosed on-site is to be notified as soon as possible in writing or in any appropriate form by the Customer to the Service Provider.
CLAUSE 11 - INFORMATION/CLAIMS
11.1 For any information, claim or question, the Customer is to contact the Service Provider's customer service department completing the online form on the Website under the heading "Contact" or by phoning 03.80.24.53.87 or by email to crichard@agencebvc.com.
11.2 No Service which has been shortened, or any Service which is unused because of a decision by the Customer will give rise to any reimbursement.
11.3 Any claim relating to a Service is to be sent to the Service Provider by registered letter within one month from the date of the Service having ended. After this time, the Service Provider will refuse to take any claim into consideration.
CLAUSE 12 - PROTECTION OF PERSONAL DATA
12.1 Customers' personal data collected at the time of Pre-Reservation and Reservation will give rise to processing. This data is exclusively processed for the purposes of management of the Pre-Reservation and the Reservation by the Service Provider. It is not transferred to the Service Provider's commercial partners.
12.2 Bank data provided by the Customer when paying by bank card is stored in the Service Provider's systems authorised for this purpose and are subject to special security measures. In conformity with the recommendations of the French National Commission for Personal Data Protection, the Commission Nationale de l'Informatique et des Libertés (la "CNIL"), this data will only be used and stored for the purposes and the duration of the transaction and will be finally deleted once payment has been made.
12.3 The email address attaching to the Customer's account at the time of their registration on the Website may be used for sending informational emails relating to processing of the order. It may also be used by the Service Provider for sending advertising, promotional and/or commercial emails subject to prior agreement by the Customer.
12.4 Data may not be used for other purposes and will be kept for a period which is strictly necessary for the purposes, except for data whose minimum duration of storage arises from a legal legislative obligation or by the ending of legal time-barring.
12.5 Customers have a right to access or correction, and of portability or deletion of their data as well as a right to challenge and to limit processing of their personal data. These rights may be exercised in writing to BEAUNE VISITE EN CAVES - 7 RUE DU COLLEGE - BP 70203 - 21200 21206 BEAUNE. The Participant also has the right to appeal at any time to the authority which has competence in personal data matters (CNIL).
CLAUSE 13 - VALIDITY OF THESE GSC
Where any whatsoever of the provisions in these GSC is declared to be null and void either in full or in part, the other provisions and the other rights and obligations arising from these GSC will remain unchanged and applicable.
CLAUSE 14 - NON-WAIVER
The fact of the Service Provider refraining from requiring execution of any whatsoever of the provisions in these GSC may not be interpreted as being a waiver to invoke this total or partial non-execution at a later date.
CLAUSE 15 - ACCESSIBILITY OF THESE GSC
An updated version of the Service Provider's GSC is available online at all times. Access is simply by clicking on https://www.patriarche.com/fr/boutique/conditions-beaune-cave
CLAUSE 16 - APPLICABLE LAW / ATTRIBUTION OF JURISDICTION
These GSC are subject to French law.
Any dispute between the Service Provider and a Customer having the capacity as trader within the meaning of the French Commercial Code, the Code de Commerce acting in the context of their professional activity relating to their binding nature, validity, interpretation and/or execution and more generally any dispute in relation to the sales of Services or Products will be for submission to the Dijon Commercial Court which shall have jurisdiction.
The Customer, as consumer, is informed that they may also have recourse to a consumer mediator under the conditions set out in Articles L611-1 et seq of the French Consumer Code, the Code de la Consommation and according to the arrangements which are accessible at www.economie.gouv.fr/mediation-conso.
The Service Provider's mediator is : SAS CNPM - MÉDIATION - CONSOMMATION. http://cnpm-mediation-consommation.eu
CNPM - MÉDIATION - CONSOMMATION27, avenue de la Libération - 42400 SAINT-CHAMOND
ANNEXE
WITHDRAWAL FORM
(Please complete and send back this form only if you wish to withdraw from your order made remotely).
For the attention of BEAUNE VISITES EN CAVES, BP 70203, 21206 BEAUNE
I hereby notify you of my withdrawal from the contract relating to the sale of the Service set out below:
Order Date: .....................................................................................................................................................
Order Number: ..................................................................................................................................
Customer Name: ..............................................................................................................................................
Customer Address: .........................................................................................................................................
Customer Signature (solely in the event of notifying in paper form):
......................................................................................................................................................
Date: ......................................................................................................................................................