General terms and conditions of sales
GENERAL TERMS AND CONDITIONS OF SALES
The terms and conditions of sale are required to protect you and your customers.
SCEA MICHELAS whose registered office is 557 Route de Bellevue, 26600 MERCUROL-VEAUNES registered under number 34860715100019 – Represented by Sylvie CHEVROL MICHELAS, Florence BETTON MICHELAS, Corine MICHELAS and Sébastien MICHELAS, having all powers to the effects and benefits of the present. These general terms and conditions are applicable to all purchases, use or refunds of any product (wine, soft drink, oenotouristic services, derived products), as well as any use of the michelas-st-jemms.fr website operated by SCEA MICHELAS.
ARTICLE 1 : DEFINITIONS
The internet platform offers an online catalogue describing all the services offered by SCEA MICHELAS.
SCEA MICHELAS reserves the right to complete the present online catalogue or to stop its distribution at its sole discretion at any time.
Refers to the customer and/or the company SCEA MICHELAS
Refers to the purchaser of an activity, the client may or may not be the beneficiary of the service depending on whether he will make a personal use of it or not.
Refers to the person connecting to the site, without necessarily being a customer or beneficiary.
Refers to the service provided by SCEA MICHELAS to the beneficiary from among the selection of offers contained in its catalogue, it being understood that the conditions of performance of this service are dependent on availability at the date chosen by the beneficiary
Refers to any information used in particular on the Internet to identify a natural person (surname, first name, e-mail address)
Refers to small files sent to the hard drive of the user’s computer in order to facilitate his navigation on the site and to allow him access to the most suitable pages when he returns to the site michelas-st-jemms.fr
Refers to the site accessible under the URL michelas-st-jemms.fr
ARTICLE 2 : SUBJECT OF THE CONTRACT AND APPLICABILITY OF THE GENERAL CONDITIONS OF SALE
2.1 Object of the contract – The object of these general conditions of sale is the definition of the terms and conditions surrounding the marketing by the company SCEA MICHELAS of its products and services.
2.2 Prior acceptance of the General Conditions of Sale – Acceptance of the General Conditions of Use is required prior to accessing or using the Site, acquiring, receiving or using any activity on the Site.The user becomes aware of the general conditions of sale in their entirety by clicking on the hyperlink provided for this purpose, and accepts them by ticking the box provided. Failure to accept the general conditions of sale in accordance with the aforementioned terms deprives the user of the possibility to continue the current booking process. In case of opposition to these general conditions, the user will refrain from using the site and from triggering the booking process.
2.3 Applicability of the general conditions of sale – These General Terms and Conditions of Sale are applicable only to bookings of activities spent on the site or by telephone.
2.4 Modification of the general conditions of sale The company SCEA MICHELAS reserves the right to make modifications of these general conditions of sale at any time, and without notice, with the understanding that if applicable, the modifications will be inapplicable to reservations previously accepted and confirmed by the company SCEA MICHELAS.
2.5 Customer’s ability – All Customers declare that they have the legal capacity in accordance with article 1124 of the French Civil Code to contract and use the Site in accordance with the General Conditions of Marketing and Use of the Site.
ARTICLE 3 : FORMATION OF CONTRACT
3.1 Via the website
3.1.1 Reservations can be made by the user on the michelas-st-jemms.fr website.
3.1.2 User selects one or more activities from the online catalogue.
3.1.3 A summary is then sent to the user, showing the choices made and the price of the total amount of the reservation, with indication of the method of payment for which the user opts.
3.1.4 Pursuant to the provisions of Article 1369-5 of the Civil Code, this first click allows the user to check the details of his booking and the total price of it, and to correct any errors before the final booking is recorded.
3.1.5 The reservation is not registered and the contract deemed formed after the confirmation of the reservation formalized by the second click operated by the user.
3.1.6 Pursuant to the provisions of Article 1369-5 paragraph 2 of the Civil Code, a confirmation email will be sent to the user, acknowledging receipt of the reservation addressed to the company SCEA MICHELAS.
3.1.7 The retention and printing of the confirmation email will enable the customer to provide proof of booking with SCEA MICHELAS.
3.1.8 SCEA MICHELAS intends to clarify that in case of payment by bank card, the contract will be deemed finally concluded only subject to acceptance of the payment by the customer’s bank.
In the case of payment by transfer, the contract will not be deemed to have been concluded until receipt of the transfer by SCEA MICHELAS at the latest on the day of the booking.
3.2 By phone
3.2.1 Booking by telephone is possible during the opening hours of the company SCEA MICHELAS.
3.2.2 An email confirmation will be sent to the customer by e-mail, detailing the details and the total amount of the final booking recorded
ARTICLE 4 : PRICES AND PAYMENT TERMS
4.1 The prices of the activities are indicated in euros including taxes and are those in force on the day of the reservation.
4.2 Activities are subject to VAT at the current rate.
4.3 The user can opt for payment by credit card, transfer or cash.
4.4 Payment by credit card may be made by Carte Bleue, Visa, Eurocard/Mastercard, Maestro.
4.5 The customer will indicate in the zone provided for this purpose the bank card number, its validity date and the security pictogram on the back of the bank card, in the case of an online purchase of an activity.
4.6 This method of payment will result in the immediate debit, as of the date of booking, of all or a deposit of the amount of the reservation.
4.7 In the event of non-payment or refusal of authorization from the customer’s bank, SCEA MICHELAS will be entitled to suspend the booking process.
ARTICLE 5 : PROOF OF RESERVATIONS
5.1 The data entered in the databases of the company SCEA MICHELAS constitute proof of past reservations, subject to a manifest clerical error of which it is the responsibility of the customer to provide proof.
5.2 Data relating to past bookings shall constitute accepted and enforceable evidence under the same conditions as written documents.
ARTICLE 6 : PAYMENT SECURITY
6.1 Activity bookings are subject to regular checks. The proper functioning of these controls may force SCEA MICHELAS to suspend the booking process, and to request from the user the provision of supporting documents, such as proof of address, identity or debit, which must be in accordance with the information entered by the user at the time of booking, as well as the contact details of the holder of the bank card used, billing details entered at the time of booking and, where applicable, the contact details of the holder of the payment card used.
6.2 The information collected during these checks may be subject to automated data processing, in order to define a level of transaction security and to combat credit card fraud.
ARTICLE 7: TRANSFER OF OWNERSHIP/ TRANSFER OF RISKS
Issuing the activities to the client will result in transfer of ownership and risk.
ARTICLE 8: NON-CONFORMITY
8.1 Any error concerning the ordered activities must be reported by the customer, by letter or email to firstname.lastname@example.org within 72 hours of the date of receipt of the reservation.
8.2 Claims which are not made under the conditions stipulated in this article cannot be taken into account, and may not in any case give rise to the implementation of the company SCEA MICHELAS in respect of the customer.
ARTICLE 9: CONDITIONS FOR USE OF THE ACTIVITIES
9.1 The general conditions of sale must be communicated to the beneficiary of the activity. This transmission of information will be handled by the customer if necessary.
9.2 The possibility to benefit from a service is subject to the prior presentation of the confirmation email, for activities purchased online.
9.3 The photographs presented in the catalogue are not contractual, and any partial or entire reproduction is prohibited.
9.4 The delivery of the Service is subject to the specific conditions of the company SCEA MICHELAS, in particular in terms of cancellation or modification of the reservation, age limit and the physical conditions of the Beneficiary or Beneficiaries.
In any event, SCEA MICHELAS cannot be held liable for the performance of any service
9.5 Certain conditions to be taken into account (weather, physical condition of the participants.), the company SCEA MICHELAS may validly refuse the performance of the service, or proceed to its adjournment, in case of failure to meet the required conditions.
9.6 As part of the performance of the service, the beneficiary is required to comply with the basic rules of prudence, particularly with regard to risky sports. Aware of these risks, the beneficiary declares that he fully accepts the consequences.
ARTICLE 10: CUSTOMER SERVICE- REQUESTS
Any request for information and clarifications relating in particular to the purchase, the refund, the exchange, the functioning of the activities, must be sent to the Company SCEA MICHELAS by email or by post.
ARTICLE 11: PERSONAL DATA
11.1 The michelas-st-jemms.fr website is registered with the CNIL.
11.2 SCEA MICHELAS will use the collection of personal data concerning the Customer during the booking of Products, this information will be mandatory to validate said reservation.
11.3 The Customer will have the possibility to object at no cost, except those related to the transmission of the refusal, to the use of his personal data, when these are collected and whenever an e-mail of prospection is sent to him.
11.4 SCEA MICHELAS may also be required to transfer data concerning the User to third parties including its Partners.
11.5 In accordance with the provisions of Law no. 78-17 of 6 January 1978 “Informatique et Libertés”, as amended, the customer has a right of access, rectification, deletion of personal data and a right of objection that you exercise.
To do so, you must send a letter to the address of correspondence to the company SCEA MICHELAS.
Thus, with each connection on the Site, Cookies allow in particular the recording of the type and version of the User’s browser, the history of its reservations, the products consulted, the dates and times of visit.
To benefit from all the features of the Site, it is therefore preferable for the User to set his Internet browser (for example Internet Explorer, Mozilla Firefox, Safari) so that it accepts Cookies
The user has the right to object to the registration of these cookies.
Indeed, most Internet browsers allow you to configure the Internet and security options or the User’s preferences in order to refuse or disable Cookies, or to obtain a message that will notify the User when Cookies are sent.
ARTICLE 12: RESPONSIBILITY
12.1 SCEA MICHELAS cannot be held liable under any circumstances if the non-performance or the poor performance of the contract is attributable to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the provision of the Services provided for in the contract, Or a case of force majeure.
12.2 The responsability as of right provided for in article L. 211-16 above is excluded, in accordance with article L. 211-17 of the Tourism Code.
12.3 Unless otherwise provided by law, the company SCEA MICHELAS will not be liable under any circumstances for any damage caused by the Customer.
ARTICLE 13: INDEPENDENCE OF CONTRACTUAL CLAUSES
Should any of these provisions be declared null or void, the validity of the other provisions of the General Terms and Conditions of Sale will not be affected.
ARTICLE 14: INSURANCE
SCEA MICHELAS has taken out civil and professional liability insurance which covers in particular the financial consequences which may be borne by the insured due to bodily injury, property and immaterial damage caused to the Beneficiary as a result of misconduct, errors of fact or law, omissions or negligence in the course of its activity as issuer of activities.
ARTICLE 15: APPLICABLE LAW
The law applicable to the General Conditions of Sale and the contract concluded on the occasion of a reservation of activity is French law for all disputes relating, in particular, to their validity, interpretation, performance or termination.
ARTICLE 16: JURISDICTION (SETTLEMENT OF DISPUTES)
The court having jurisdiction in the event of a dispute shall be the court of the plaintiff’s choice, the court of the defendant’s domicile, or the place of actual delivery of the Product.