ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (the “GTCS”) apply, without restriction or reservation, to any purchase of the following services:
rental of gites and guest rooms as offered by the Provider to non-professional clients (“The Clients or the Customer”) on the website https://fleurdaya.fr/. The main characteristics of the Services are presented on the website https://fleurdaya.fr/
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Client.
These GTC are accessible at any time on the website https://fleurdaya.fr/ and shall prevail over any other document. The Customer declares that he/she has read these GTC and accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the website https://fleurdaya.fr/. Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Customer.
The Provider’s contact details are as follows
Kahnawahke, sarl
Share capital of 7500 euros
Registered with the RCS of Bordeaux, under the number 382251312
Château Fleur d’Aya
7 rue Fleur de Lys
mail : contact@fleurdaya.fr
telephone : 0608819632
Duties or other local taxes or state taxes may be payable. They are payable by Château Fleur d’Aya.
ARTICLE 2 – Prices
The Services are provided at the prices in force on https://fleurdaya.fr/ at the time the order is registered by the Service Provider. Prices are expressed in Euros, exclusive of tax and VAT. The prices take into account any discounts that may be granted by the Provider on the website https://fleurdaya.fr/
These prices are firm and non-revisable during their period of validity but the Provider reserves the right, outside of the period of validity, to change the prices at any time. The payment requested from the Customer corresponds to the total amount of the purchase, including these fees. An invoice will be issued by the Provider and given to the Customer upon delivery of the ordered Services.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select the Services he/she wishes to order on the https://fleurdaya.fr/ website, according to the following procedure: the Customer chooses a service and validates the order. Payment is due as soon as the service is provided. The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to immediately report any errors. Any order placed on the website https://fleurdaya.fr/ constitutes the formation of a contract between the Customer and the Provider. The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order. The Customer can follow the progress of his order on the website.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following methods:
– payment by credit card
– or payment by cheque
The price is payable in cash, in full, on the day the services are provided, in accordance with the conditions defined in the article “Provision of Services” and as indicated on the invoice given to the Customer.
A deposit corresponding to 30% of the total price of the services ordered is required when the Client places the order. This deposit shall in no case be qualified as a deposit.
The balance of the price is payable upon delivery of the services, in accordance with the conditions defined in the article “Delivery of the Services” and as indicated on the invoice given to the Customer. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions on the website https://fleurdaya.fr/. Payments made by the Customer will only be considered final after the Service Provider has received the amounts due. The Service Provider shall not be obliged to provide the services ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
ARTICLE 5 – Provision of Services
The Services ordered by the Client will be provided as follows: The Services include the rental of rooms including the provision of breakfasts. The said Services will be provided on the precise date of the Client’s order, under the conditions set out in these GTC, at the address indicated by the Client when placing the order on the website https://fleurdaya.fr/
The Service Provider undertakes to make its best efforts to provide the services ordered by the Client, within the framework of an obligation of means and within the time limits specified above. If the ordered services have not been provided at the scheduled date, for any other reason than force majeure or the Customer’s fault, the sale of the Services may be cancelled at the Customer’s written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
In the event of a special request by the Client concerning the conditions of provision of the services, duly accepted in writing by the Service Provider, the costs associated with this will be subject to a specific additional invoice at a later date. In the absence of reservations or complaints expressly made by the Client upon receipt of the Services, the latter shall be deemed to comply with the order, in terms of quantity and quality. The Client shall have a period of 7 days from the date of delivery of the Services to submit complaints by letter to the Service Provider, together with all the relevant supporting documents. No claim shall be validly accepted if the Client fails to comply with these formalities and deadlines. The Provider shall refund or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 – Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code, the right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Provider to the postal address or email indicated in ARTICLE 1 of these GTC. If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be reimbursed, excluding the deposit. The reimbursement of the sums actually paid by the Client will be made within 14 days from the date of receipt by the Provider of the Client’s notification of withdrawal.
ARTICLE 7 – Liability of the Provider – Guarantees
The Provider warrants, in accordance with the legal provisions and without additional payment, the Customer against any lack of conformity or latent defect, resulting from a failure to perform the Services ordered under the following conditions and according to the following terms and conditions :
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
Article L217-5 of the Consumer Code
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
delivery of the goods”.
Article L217-16 of the Consumer Code.
In order to assert his rights, the Customer must inform the Service Provider, in writing (e-mail or letter), of the existence of defects or lack of conformity. The Provider shall refund or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 7 days of the Provider’s finding of the defect or fault. This refund may be made by bank transfer or cheque.
The Service Provider’s warranty is limited to the reimbursement of the Services actually paid by the Customer. The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French jurisprudence. The Services provided through the website https://fleurdaya.fr/ of the Service Provider comply with the regulations in force in France. The Service Provider shall not be held liable for any failure to comply with the legislation of another country in which the services are sold, which it is the Customer’s responsibility to check.
ARTICLE 8 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their execution and delivery, entrusted to the Service Provider. This personal data is collected only for the execution of the service contract.
9.1 Collection of personal data
The personal data collected on the website https://fleurdaya.fr/ are the following:
Ordering of Services:
When ordering Services by the Customer: Name, first name, postal address, telephone number and e-mail address.
Payment
In the context of the payment of the Services offered on the website https://fleurdaya.fr/, the latter records financial data relating to the bank account or credit card of the Customer/user.
8.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees. The data controller is the Service Provider, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data.
8.4 limitation of processing
Unless the Customer expressly agrees, his/her personal data shall not be used for advertising or marketing purposes.
8.5 Data retention period
The Service Provider shall keep the data collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
8.6 Security and confidentiality
The Service Provider implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage
information on the Internet.
8.7 Enforcement of Customer and user rights
In accordance with the regulations applicable to personal data, the Clients and users of the https://fleurdaya.fr/ website have the following rights:
– They can update or delete their data in the following way: They can delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
– They can exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
– If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data controller”.
– They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
– They may also request the portability of data held by the Service Provider to another service provider
– Finally, they may object to the processing of their data by the Service Provider. These rights, if they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month. If the Customer’s request is refused, reasons must be given. The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place
de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority. The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Service Provider. The Customer may withdraw his consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 – Intellectual property
The content of the website https://fleurdaya.fr/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 10 – Applicable law – Language
These GTC and the operations arising from them are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 11 – Disputes
For any complaint, please contact the customer service at the postal or e-mail address of the Provider indicated in ARTICLE 1 of these GTC. The Customer is informed that he/she may in any case have recourse to a conventional mediation, with the existing sectorial mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in case of dispute. The Customer is also informed that he may also have recourse to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show. All disputes arising from the purchase and sale operations concluded in application of these GTCs and which have not been the subject of an amicable settlement between the seller or by mediation shall be submitted to the competent courts under the conditions of common law.
ANNEX I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://fleurdaya.fr/, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
For the attention of
Château Fleur d’Aya
7 rue Fleur de Lys
33370 Artigues
I hereby notify the withdrawal from the contract concerning the order of the service
below:
– Order of (indicate date)
– Order number: …………………………………………………..
– Customer’s name: …………………………………………………………………
– Customer’s address: ……………………………………………………………..
Customer’s signature (only if this form is notified on paper)
