General Terms and Conditions of Sale

These terms and conditions apply to all transactions carried out on the website www.la-couleuvrine.com. We invite you to read these General Terms and Conditions of Sale carefully and in their entirety, as they define the terms and conditions under which La Couleuvrine sells its gift vouchers and stays.

PREAMBLE

La Couleuvrine SARL is a company governed by French law, with share capital of €7,700, whose registered office is located at 1, Place de la Bouquerie, 24200 SARLAT LA CANEDA, registered under number 434 485 223 000 11, APE 551A02.  La Couleuvrine holds a tourism accreditation issued by prefectural order and registered under number HA024030001. In this context, La Couleuvrine has taken out insurance with GENERALI Assurances and benefits from a financial guarantee provided by Banque Populaire du Centre 87011 LIMOGES CEDEX.  Acceptance of these terms and conditions is mandatory before carrying out any of the following actions: (i) accessing or using the website for any reason, (ii) purchasing, receiving or using a Gift Package on the website, or (iii) presenting the gift voucher in order to benefit from services. By carrying out any of the actions listed above, you therefore signify your unconditional acceptance of these terms and conditions in their entirety.

I-/ DEFINITIONS
The terms defined below shall have the following meanings in these General Terms and Conditions of Sale: 

– Gift vouchers without a stated face value entitle the holder to a service selected from the various choices available on the website. The gift vouchers are offered in various themed categories such as, for example, “Gastronomy”, “Gourmet Stopover”, etc. 

– Stays are offered under the names “HARMONY”, “ROMANTIC”, and “SARLAT”.  La Couleuvrine reserves the right to add to the list of Gift Vouchers and Stays or to discontinue their distribution at its sole discretion and at any time. Gift Vouchers or Stays consist of the following elements:  A printable gift voucher available online in .pdf format, which serves as the exchange voucher.

User: means any person browsing or connecting to the website, without necessarily being a Customer or Beneficiary.

Beneficiary: means the person using the Gift Voucher or Stay. Service: means the service provided by La Couleuvrine to the Beneficiary from the selection of offers available on the website, subject to availability on the dates chosen by the Beneficiary. 

Customer: means the person purchasing a Gift Voucher or Stay, it being understood that the Customer may or may not be the Beneficiary of the Service depending on whether the Customer uses the Gift Voucher or Stay personally or gives it as a gift.

Party/Parties: means the Customer and/or La Couleuvrine. Personal Data: means all information that makes it possible, particularly on the Internet, to directly or indirectly identify a natural person (surname, first name, email address, etc.). 

Cookies: means small files sent to the User’s computer hard drive in order to facilitate browsing of the website and display the pages best suited to the User when returning to the website. Website: means the website accessible at the URL https://www.la-couleuvrine.com.

II-/SCOPE OF THESE GENERAL TERMS AND CONDITIONS OF SALE

Gift Vouchers and Stays offered by La Couleuvrine are available online at the URL: https://www.la-couleuvrine.com . The purchase of Gift Vouchers or Stays is reserved exclusively for users who have first read these General Terms and Conditions in their entirety by clicking on the hyperlink provided for this purpose and accepted them by checking the appropriate box. Without this acceptance, it is technically impossible to continue with the ordering process. Consequently, completion of the ordering process on the website constitutes the user’s express acceptance of these General Terms and Conditions of Sale. 

These General Terms and Conditions of Sale apply only to orders for Gift Vouchers or Stays placed on the website, by email at contact@la-couleuvrine.com or by telephone at 05.53.59.27.80 (local call rate), Monday to Sunday from 8:00 a.m. to 8:00 p.m. These General Terms and Conditions of Sale are effective as of January 1, 2019. They cancel and replace all previous versions of these Terms.

 La Couleuvrine reserves the right to modify these General Terms and Conditions at any time, without prior notice, it being understood that such modifications shall not apply to orders previously accepted and confirmed by La Couleuvrine.

 Each Customer declares that they have the legal capacity required under Article 1124 of the French Civil Code to enter into a contract and use the website in accordance with the General Terms and Conditions of Sale and Use of the website.

ARTICLE 1: ORDERING PROCESS AND FORMATION OF THE CONTRACT

You can place your orders for Gift Vouchers or Stays directly: 

Either online on the website: https://www.la-couleuvrine.com
Either by telephone: 05.53.59.27.80 (local call rate), Monday to Sunday from 8:00 a.m. to 8:00 p.m.
Either by email at contact@la-couleuvrine.com

The ordering procedure on the website notably includes the following steps: Selection on the website of one or more Gift Vouchers or Stays; Following this selection, a summary showing all your choices and the total price of the selected Gift Vouchers or Stays, your contact details, any shipping costs and your payment method will allow you to check the details of your order and make any necessary changes before your order is finally recorded; Your “first click” will record your order, provided that you have expressly accepted these General Terms and Conditions of Sale; Your order will only be recorded after your final confirmation, which will be made by your “second click”. 

In the event of payment by bank card, this “second click” corresponds to the moment when your bank details are recorded. However, your contract will only be definitively concluded after your bank has accepted the payment; 

A compter de la validation définitive de votre commande (se manifestant par votre « second clic » conformément à la loi 2004-575 pour la confiance dans l’économie numérique), nous vous adresserons un e-mail de confirmation de votre commande récapitulant l’ensemble des éléments relatifs à celle-ci. En imprimant et/ou en conservant cet e-mail, vous disposerez d’un moyen de preuve attestant de votre commande. Dans le cas d’une commande à offrir, il vous sera offert la possibilité d’imprimer un bon cadeau.

ARTICLE 2: TERMS OF USE OF GIFT VOUCHERS AND STAYS

2.1: If you are not the Beneficiary of the Gift Voucher or Stay, you are invited to inform the Beneficiary of the terms and conditions set out below. 

2.2: You can check the validity of your Gift Voucher or Stay by visiting https://www.la-couleuvrine.com (My Account area to check the purchase date) – Voucher valid for 1 year from the purchase date – or by calling 05.53.59.27.80 (local call rate).

 2.3: Only presentation by the Beneficiary of the printed Gift Voucher or, when the reservation is made online, the confirmation email, entitles the Beneficiary to receive the service.

 2.4: The Gift Voucher or Stay is valid every day of the week, including weekends, subject to availability.

 2.5: The services included in the Gift Voucher or Stay do not include transportation. 

2.6: Photographs shown in the Gift Voucher or Stay are not contractual. Any partial or complete reproduction is prohibited. 

2.7: The service will be provided after the validity of the Gift Voucher has been checked. 

2.8 : En cas de non utilisation, de perte, de vol ou de destruction du chèque cadeau ne pourra prétendre à un remboursement ni à une compensation de quelque nature que ce soit. Le Bénéficiaire est invité à vérifier qu’il bénéficie lui-même d’une couverture d’assurance suffisante, notamment pour la pratique de certaines activités sportives dites « à risque ». Il est rappelé au Bénéficiaire que la délivrance des Prestations dans de bonnes conditions de sécurité ne le dispense pas d’observer les règles de prudence élémentaires pour les activités sportives, notamment celles dites « à risque ». Le Bénéficiaire en accepte les risques en conséquence. (Ex : Jacuzzi déconseillé pendant la durée d’une grossesse…)

ARTICLE 3: PRICES AND PAYMENT TERMS

Article 3.1: Prices
The prices of the Gift Vouchers or Stays displayed on the website are those applicable on the date of the order. Gift Vouchers and Stays are subject to the standard VAT applicable in France. 

Article 3.2: Payment Terms
The order must be paid in full on the day the order is placed by bank card or an intermediary payment service (e.g. PayPal), under the following terms: By bank card (Carte Bleue, Visa, Eurocard/Mastercard, Amex): by entering the card number, expiry date and security code located on the back of the card directly in the designated area. The full amount of the order will be charged to the bank card on the day of the order. La Couleuvrine reserves the right to suspend processing of the order if payment authorization is refused by your bank. The website allows you to transmit your bank details confidentially and securely when placing your order (secure entry using SSL encryption). 
If an additional amount is payable because the service ultimately used on site is worth more than the amount paid, you may pay the difference by bank card on site or remotely by card-not-present payment. 
Conversely, if the service ultimately used is worth less than the value of your Gift Voucher or Stay, the remaining balance will not be refunded and will be forfeited.

Article 3.3: Payment Security
To protect the User and La Couleuvrine against fraudulent practices, orders for Gift Vouchers and Stays are subject to regular checks. As part of this procedure, our services may suspend the processing of an order and contact the User or recipient to obtain the documents required to release the order: proof of address, identity or payment. These documents must correspond to the delivery and billing details entered when placing the order and, where applicable, to the details of the holder of the payment card used.
 For an order with a delivery address different from the billing address, our services may contact both persons mentioned, namely the person associated with the billing address and the person indicated for the delivery address. Information obtained in this context may be subject to automated data processing for the purpose of determining a transaction security level and combating bank-card fraud.” 
These documents may be requested by email, post or telephone. Failure to provide them may result in cancellation of the order.

ARTICLE 4: RIGHT OF WITHDRAWAL

When purchasing a Gift Voucher or Stay, under the terms of Article L.121-20 of the French Consumer Code, you have a period of 7 (seven) clear days in which to exercise your right of withdrawal without having to give reasons or pay penalties, except for return costs. The above-mentioned period begins on the date on which you purchase the Gift Voucher or Stay.

ARTICLE 5: PROOF OF ORDERS/ARCHIVING

You are expressly informed that, except in the event of an obvious error for which you provide proof, the data stored in La Couleuvrine’s databases constitute evidence of the orders placed. Data regularly stored on computer or electronic media constitute admissible and enforceable evidence under the same terms and with the same evidentiary value as any document received and retained in writing.

ARTICLE 6: DELIVERY

Article 6.1 : Téléchargement autonome par le client du bon cadeau.
Article 6.2 : Erreur de Chèque Cadeau ou de Séjour
The Customer must report by letter or email (using the “Contact” section of the website), within 72 business hours of receipt of the order, any error concerning the Gift Vouchers or Stays ordered. Any claim relating to Gift Vouchers or Stays that is not made in accordance with this article and within the prescribed time limits cannot be taken into account and shall release La Couleuvrine from any liability towards the Customer.

ARTICLE 7: TRANSFER OF OWNERSHIP / TRANSFER OF RISK

Ownership and risk shall transfer at the time the Gift Voucher or Stay is delivered.

ARTICLE 8: VALIDITY PERIOD AND CANCELLATION OF GIFT PACKAGES / STAYS

Gift Vouchers or Stays have a limited period of use of 1 year from the purchase date.

ARTICLE 9: CUSTOMER SERVICE – CLAIMS

Any other request for information or clarification concerning, in particular, the purchase, refund, exchange or operation of Gift Vouchers or Stays must be addressed to La Couleuvrine:

either by telephone at 05.53.59.27.80 (local call rate), Monday to Sunday, from 8:00 a.m. to 8:00 p.m.
either via our website https://www.la-couleuvrine.com by using the “Contact” section,
or by post, at the following address: La Couleuvrine, 1, Place de la Bouquerie 24200 Sarlat

ARTICLE 10: PERSONAL DATA PROTECTION

Concerned about respecting the User’s privacy and protecting the information transmitted to it, La Couleuvrine complies with the legislation in force concerning privacy protection.
La Couleuvrine informs you that it will need to collect personal data concerning you when you place your order, when you request verification of the validity of your Gift Voucher or Stay, or when you use it.
Except for the email address collected when you request verification of the validity of your Gift Voucher or Stay, the collected data are processed electronically by La Couleuvrine for the purposes of recording and processing orders, managing your customer account, marketing studies, statistics and commercial prospecting.
Any User of the Website may subscribe to the Newsletter to receive information by email enabling them to better understand the Website, use it more effectively and learn more about the offers provided by La Couleuvrine.
Any User may object, free of charge except for transmission costs, to the use of their contact details when collected and each time a marketing message is sent to them.
In accordance with the provisions of amended Law No. 78-17 of January 6, 1978, “Data Processing and Freedoms”, you have the right to access, rectify and delete your personal data, as well as a right to object. To exercise these rights, you must send a letter to the following correspondence address: La Couleuvrine – 1, Place de la Bouquerie – 24200 Sarlat

ARTICLE 11: LIABILITY

For tourism services, La Couleuvrine’s liability is defined by Article L. 211-16 of the French Tourism Code.
La Couleuvrine cannot under any circumstances be held liable if the non-performance or improper performance of the contract is attributable either to the Customer, to an unforeseeable and insurmountable act by a third party unrelated to the provision of the services covered by the contract, or to force majeure.
Outside tourism services, the strict liability provided for in the aforementioned Article L. 211-16 is excluded, in accordance with Article L. 211-17 of the French Tourism Code.

ARTICLE 12: INSURANCE

La Couleuvrine has taken out well-known professional and public liability insurance, covering in particular the financial consequences that may be incurred by the insured as a result of bodily, material and immaterial damage caused to the Beneficiary due to faults, factual or legal errors, omissions or negligence committed in the course of its activity as an issuer of packages offering a tourist package.

ARTICLE 13: INTELLECTUAL PROPERTY

The elements comprising the Gift Vouchers or Stays, including texts, photographs, images, icons and logos, are the full and exclusive property of La Couleuvrine. It is strictly prohibited to reproduce, represent, modify, transmit, publish, adapt, on any medium and by any means, or exploit in any way, all or part of the elements mentioned above without the prior written authorization of La Couleuvrine.

ARTICLE 14: ENTIRE AGREEMENT

The fact that La Couleuvrine does not invoke one of the clauses of these General Terms and Conditions of Sale at a given time shall not be interpreted as a waiver by La Couleuvrine of its right to invoke any of these terms at a later date.
If any of these provisions is declared null and void or deemed unwritten, the validity of the other provisions of the General Terms and Conditions of Sale shall not be affected.

ARTICLE 15: APPLICABLE LAW

These General Terms and Conditions of Sale and the contract concluded in connection with an order for a Gift Voucher or Stay are governed by French law for all disputes relating, in particular, to their validity, interpretation, performance or termination.

ARTICLE 16: COMPETENT JURISDICTION (DISPUTE RESOLUTION)

In the event of a dispute, the competent court shall be that of the defendant’s place of residence or, at the claimant’s choice, the place where the Product was effectively delivered.

ARTICLE 17: STATUTORY PROVISIONS

In accordance with Article R. 211-12 of the French Tourism Code, below you will find a literal reproduction of Articles R. 211-3 to R. 211-11 of the French Tourism Code:
Article R. 211-3:
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or stay services shall result in the delivery of appropriate documents complying with the rules defined in this section.
Separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on it by the regulatory provisions of this section.
Article R. 211-3-1:
The exchange of pre-contractual information or provision of contractual terms shall be made in writing. This may be done electronically under the validity and exercise conditions provided for in Articles 1369-1 to 1369-11 of the French Civil Code. The seller’s name or corporate name and address, as well as its registration details in the register provided for in Article L. 141-3 or, where applicable, the name, address and registration details of the federation or union referred to in the second paragraph of Article R. 211-2, shall be stated.
Article R. 211-4:
Before the contract is concluded, the seller must provide the consumer with information on prices, dates and the other components of the services provided in connection with the trip or stay, such as:
1° The destination, means, characteristics and categories of transportation used;
2° The type of accommodation, its location, level of comfort and main characteristics, its approval and tourist classification according to the regulations or practices of the host country;
3° The catering services offered;
4° A description of the itinerary when it is a tour;
5° The administrative and health formalities to be completed by nationals or nationals of another European Union Member State or a State party to the Agreement on the European Economic Area, particularly when crossing borders, together with the deadlines for completing them;
6° Visits, excursions and other services included in the package or available for an additional charge;
7° The minimum or maximum group size required to carry out the trip or stay and, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation; this date may not be set less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit when the contract is concluded, together with the schedule for payment of the balance;
9° The terms for price revision as provided for by the contract pursuant to Article R. 211-8;
10° The contractual cancellation conditions;
11° The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional subscription to an insurance contract covering the consequences of certain cancellation cases or an assistance contract covering certain specific risks, particularly repatriation costs in the event of accident or illness;
13° When the contract includes air transport services, the information required for each flight segment under Articles R. 211-15 to R. 211-18.
Article R. 211-5:
The prior information provided to the consumer binds the seller, unless the seller has expressly reserved the right to modify certain elements. In that case, the seller must clearly indicate the extent to which such modification may occur and which elements may be affected.
In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.
Article R. 211-6:
The contract concluded between the seller and the buyer must be in writing, drawn up in two copies, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the French Civil Code shall apply. The contract must contain the following clauses:
1° The name and address of the seller, its guarantor and insurer, as well as the name and address of the organizer;
2° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
3° The means, characteristics and categories of transportation used, and the dates and places of departure and return;
4° Le mode d’hébergement, sa situation, son niveau de confort et ses principales caractéristiques et son classement touristique en vertu des réglementations ou des usages du pays d’accueil ;
5° The catering services offered;
6° The itinerary when it is a tour;
7° The visits, excursions or other services included in the total price of the trip or stay;
8° The total price of the services charged, together with any indication of a possible revision of this charge under Article R. 211-8;
9° Where applicable, an indication of charges or taxes relating to certain services, such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the services provided;
10° The schedule and terms for payment of the price; the final payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when the documents enabling the trip or stay to be carried out are delivered;
11° The special conditions requested by the buyer and accepted by the seller;
12° The procedures by which the buyer may submit a claim to the seller for non-performance or improper performance of the contract; the claim must be submitted as soon as possible by any means allowing the seller to acknowledge receipt and, where applicable, notified in writing to the trip organizer and the relevant service provider;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller when the trip or stay is dependent on a minimum number of participants, in accordance with Article R. 211-4(7);
14° The contractual cancellation conditions;
15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the seller’s professional civil liability;
17° Information concerning the insurance contract taken out by the buyer covering the consequences of certain cancellation cases (policy number and insurer’s name), as well as information concerning the assistance contract covering certain specific risks, particularly repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and excluded;
18° The deadline for informing the seller in the event of assignment of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the scheduled departure date, with the following information:
a) The name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local organizations able to assist the consumer in the event of difficulty or, failing that, the telephone number enabling urgent contact with the seller;
b) For trips and stays abroad involving minors, a telephone number and address enabling direct contact with the child or the person responsible for their stay on site;
0° The clause providing for termination and reimbursement without penalties of sums paid by the buyer in the event of failure to comply with the information obligation provided for in Article R. 211-4(13);
21° The commitment to provide the buyer, in good time before the start of the trip or stay, with the departure and arrival times.
Article R. 211-7:
The buyer may assign the contract to an assignee who meets the same conditions as the buyer for carrying out the trip or stay, provided that the contract has not yet taken effect. Unless a more favorable provision applies to the assignor, the assignor must inform the seller of the decision by any means allowing acknowledgment of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This assignment is not subject to any prior authorization from the seller.
Article R. 211-8:
When the contract expressly provides for price revision, within the limits set out in Article L. 211-12, it must specify the precise methods for calculating price variations, both upwards and downwards, including in particular the amount of transportation costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the portion of the price to which the variation applies, and the exchange rate of the currency or currencies used as a reference when establishing the price stated in the contract.
Article R. 211-9:
When, before the buyer’s departure, the seller is compelled to make a change to one of the essential elements of the contract, such as a significant price increase, and fails to comply with the information obligation referred to in Article R. 211-4(13), the buyer may, without prejudice to any claims for compensation for damages suffered and after being informed by the seller by any means allowing acknowledgment of receipt:
-either terminate the contract and obtain an immediate refund of the sums paid without penalty;
-or accept the modification or substitute trip proposed by the seller; an amendment to the contract specifying the changes made shall then be signed by the parties; any price reduction shall be deducted from any sums still owed by the buyer and, if the payment already made exceeds the price of the modified service, the overpayment must be refunded before the buyer’s departure date.
Article R. 211-10:
In the case provided for in Article L. 211-14, when the seller cancels the trip or stay before the buyer’s departure, the seller must inform the buyer by any means allowing acknowledgment of receipt; without prejudice to any claims for compensation for damages suffered, the buyer shall obtain from the seller an immediate refund without penalty of the sums paid; in this case, the buyer shall receive compensation at least equal to the penalty that would have been payable if the cancellation had been made by the buyer on that date.
The provisions of this article shall in no way prevent the conclusion of an amicable agreement under which the buyer accepts a substitute trip or stay proposed by the seller.
Article R. 211-11:
When, after the buyer’s departure, the seller is unable to provide a substantial part of the services provided for in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any claims for compensation for damages suffered:
-either offer replacement services for the services initially provided for, bearing any additional cost where applicable, and, if the services accepted by the buyer are of lower quality, the seller must reimburse the price difference upon the buyer’s return;
-or, if the seller cannot offer replacement services or if they are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with transportation tickets to ensure their return under conditions that may be considered equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article apply in the event of failure to comply with the obligation provided for in Article R. 211-4(13).