General sales conditions

General Terms and Conditions

PREAMBLE

 

The Customer is invited to carefully read all of these General Terms and Conditions of Sale which describe:

the SecretBox® service allowing the online ordering of products and services available in the Establishment and accessible via the site https://trianonpalace.secretbox.fr and the shipping service for available Gift Cards and Gift Vouchers and Gift Packs (hereinafter referred to as the “Site”).

 

These General Terms and Conditions of Sale apply to any order for one or more Gift Cards, Gift Vouchers and Gift Packs (hereinafter the “Order”) placed by the purchaser (hereinafter the “Customer”) on the Site with the company issuing the Gift Voucher and/or Gift Card (hereinafter the “Establishment”).

The use of this service is strictly and only for personal use.

These General Terms and Conditions of Sale will take precedence over any other general or special terms and conditions not expressly approved by the Establishment.

The Establishment reserves the right to modify the General Terms and Conditions of Sale at any time. In this event, the new conditions will apply to all new orders, as well as to all operations in progress, from the date on which they are brought to the Customer’s attention by any means.

The fact that the Establishment does not invoke these GTC at a given time cannot be interpreted as a waiver of its right to do so at a later date.

 

I-/ Definitions

 

The terms defined below have, in these General Terms and Conditions (GTC), the following meanings:

 

Beneficiary: this refers to the person using the Gift Voucher or Gift Card.

 

Gift Voucher: this refers to the document including the offer, the place, the validity number, the validity date, the name of the Beneficiary and the description allowing use of the Voucher in an Establishment. Gift Vouchers can be issued by post, by collection in-store, or by email.

 

Gift Card: this refers to the document including the amount available to spend, the conditions of application, the place, the name of the Beneficiary, the validity number and the validity date. Gift Cards can be issued by post, by collection in-store or by email.

 

Customer: this refers to the person who buys a Gift Voucher or Card, and with the understanding that the Customer may or may not be the Beneficiary of the service based on whether he/she shall personally use the Gift Voucher and/or Gift Card or that the Gift Voucher and/or Gift Card is intended for use by another Beneficiary.

 

Gift Pack: this is the packaging used in the case of postal delivery.

A Gift Pack has the following components:

- A Gift Voucher and/or Card with the description of the service

- An envelope containing the Gift Voucher.

 

The Gift Voucher or Gift Card must be printed in the case of delivery by email.

 

Gift Packs are defined based on a variety of themes, such as "Gastronomy", "Stay Experiences", "SPA", etc.

 

HÔTEL TRIANON DE VERSAILLES reserves the right to add to the list of Gift Packs available for sale or cease their distribution at its sole discretion and at any time.

 

Personal data: refers to all the information allowing, especially online, the direct or indirect identification of a natural person (surname, first name, email address).

 

Establishment: this refers to the company issuing the Gift Voucher who is responsible for the receipts, invoicing, delivery follow-up, conformity of the service and all the obligations related to the offer, and it is specified that it may have to subcontract part of the services provided in the Gift Pack to another provider.

 

Console SecretBox® (before named Console My Box®): this refers to the license of the online software allowing an Establishment to market these services online in the form of Gift Packs and to ensure the management and monitoring of these offers.

 

Service: this refers to the entire offer presented by the Establishment to the Beneficiary. This is the service provided by the Establishment using the Console SecretBox® to the Beneficiary from the selection of offers included on the Website, subject to the Establishment's availability on the dates chosen by the Beneficiary.

 

Website: this refers to the Website https://trianonpalace.secretbox.fr

 

 

II-/ General Terms and Conditions (GTC)

The Establishment offers Gift Vouchers, Gift Pack and Gifts Cards to be ordered online with obligation of payment, developed under the URL: https://trianonpalace.secretbox.fr, HÔTEL TRIANON DE VERSAILLES, SAS, with a share capital of 3079890 Euros, whose registered office is located at 1 Boulevard de la Reine – 78000 Versailles, France, registered under the SIRET number 579 801 523 00013  and the French APE code 5510Z and 579 801 523 R.C.S Versailles..

The Customer is invited to carefully read these General Terms and Conditions of Sale (GTC) which define the terms and conditions under which the sale of the Gift Vouchers is made by the Establishment.

 

ARTICLE 1: APPLICATION AND OPPOSABILITY

All orders placed by the Customer involve his/her acceptance without reservation and full compliance with these GTC.

The Customer acknowledges having read the GTC prior to ordering.

These General Terms and Conditions of Sale therefore apply only to Gift Vouchers, Gift Cards or Gift Pack placed on the Website https://trianonpalace.secretbox.fr, directly by telephone: +33 1 30 84 51 20, or at the Establishment's reception.

 

The Establishment reserves the right to modify these GTC at any time. In this case, the new conditions will apply to all new orders, as well as all pending transactions, from the date they are made known to the Customer by any method. These General Conditions of Sale are valid from 1st May 2022. They cancel and replace all previous versions of these conditions from this date.

The Customer declares to have the legal capacity in accordance with Article 1145 and following of the French Civil Code to contract and use the Website in accordance with the General Terms and Conditions of Sale and use of the Website.

The purpose of these GTC is to govern relations between the Establishment and the Customer, in addition to any written Contract and on all matters that have not been the subject of a written agreement, under the conditions provided for in Article 2 below.

 

These GTC take precedence over any other document issued by the Customer, including any Purchasing Conditions, except in the case of the Establishment's prior express agreement. The fact that the Establishment does not prevail at a given moment in the Contract and/or these GTC shall not be construed as a waiver of the right to use them on a future occasion.

 

ARTICLE 2: CONTRACT FORMATION AND ORDERING PROCESS

The Customer places Gift Pack, Gift Voucher, Gift Card orders directly:

  • Online by visiting the Website: https://trianonpalace.secretbox.fr
  • By telephone: +33 1 30 84 51 20
  • At the Establishment

 

The ordering process on the Website consists of the following stages:

  • Selection on the Website of one or several Gift Packs, Gift Vouchers, Gift Cards that are then added to the shopping basket;
  • After selection, a summary called the "shopping basket" is displayed, showing all choices made and the total price of the selected Gift Packs, Gift Vouchers, Gift Cards;
  • Creation of a Customer account to enable Customer identification and account log-in;
  • The Beneficiary completes information for the Gift Voucher or the Gift Card, then enters an optional personalised message;
  • Selection of the delivery method and the delivery address;
  • The shopping basket summary is displayed, allowing the Customer to check the detail of his/her order and then make any changes, choose the payment method, confirm the order and accept these GTC with a "first click";
  • The Customer's order is recorded after the last confirmation, or after a "second click" on "Confirm and Pay";
  • Payment validation by the Customer by bank card via a secure interface generated by a secure payment service provider. Once the payment is confirmed, the order is final and an order confirmation summarising all the details relating to that order will be sent to the Customer;
  • After the order is confirmed, the Customer will be able to access his/her account and track the order.

 

ARTICLE 3: CONDITIONS OF USE FOR GIFT VOUCHERS

Article 3.1: In the event that the Customer is not the Beneficiary of the Gift Voucher or Gift Card, he/she is invited to inform the Beneficiary of the conditions set out below.

 

Article 3.2: For the Gift Voucher or Gift Card to be valid, it must be validated. For this, the Customer must contact the The Establishment on the following number: https://trianonpalace.secretbox.fr.

Note that except in the case of online booking, the delivery of the service will occur after the Gift Voucher's validity has been checked and full payment made. This check involves the validation of the Gift Voucher or Gift Card number by the Establishment to ensure it is effectively activated.

 

Article 3.3: The service can only be provided if the original Gift Voucher or Gift Card received by post or printed from the email is presented.

 

Article 3.4: The Gift Pack is valid based on the dates and days of the week specified on the Gift Voucher or the Gift Card, subject to availability by the Establishment.

 

Article 3.5: The Customer acknowledges that the services of the Gift Pack, Gift Voucher, Gift Card do not include transport to the place of the selected Establishment.

 

Article 3.6: The photographs presented in the Gift Pack are non-contractual. Any partial or entire reproduction is prohibited and may lead to legal proceedings.

 

Article 3.7: In the event where the Establishment has subcontracted to another service provider a portion of the execution of the service on behalf of the Customer, the delivery of the Service is subject to the specific conditions of this service provider, particularly in terms of cancellation or modification of the reservation, the age limit and the physical conditions of the Beneficiary(ies).

 

Article 3.8: In this case, the service provider, who has been entrusted with the execution of the service on behalf of the Customer, is solely responsible for properly executing this service. The Establishment will nevertheless make its best efforts to try to find an amicable solution to the conflict between the Establishment and the Beneficiary.

 

Article 3.9: In the event of non-use in its period of validity, loss, theft or destruction of the Gift Pack, Gift Voucher,Gift Card the Beneficiary may not claim a refund or compensation of any kind whatsoever. However, we invite the Beneficiary who is unable to use his/her Gift Voucher or Gift Card within the period provided to contact before the Establishment.

In the context of the use of the Gift Pack, the Beneficiary declares to have sufficient insurance cover, particularly for practising certain sports activities. The Beneficiary is reminded that the provision of benefits in good security conditions does not exempt him/her from observing the elementary precautionary rules for sports activities, especially those known as "at risk". The Beneficiary accepts the risks accordingly and releases the Establishment from all responsibility in this respect.

 

 

ARTICLE 4: OBLIGATIONS OF THE ESTABLISHMENT

the Establishment declares to be the holder of professional indemnity insurance relating to the supply of the services and to possess all the authorisations and accreditations allowing it to exercise its activities on a regular basis and in conformity with the applicable legal and regulatory provisions.

 

ARTICLE 5: PRICES AND CONDITIONS OF PAYMENT

Article 5.1: Price

The Establishment reserves the right to modify its prices at any time, and it is specified that the price of the Gift Packs displayed on the Website is that in force on the day the order is placed.

In accordance with French tax code No. 2007/31 of 18 September 2007, the marketing of Gift Packs is not subject to VAT in relations with consumers.

In the event of Gift Pack delivery by post, the shipping costs, as defined in Article 8.4, may be charged and invoiced in addition to the cost of the services, and it is specified that the amount of these costs will be indicated before the final order confirmation.

It is specified that the shipping costs are subject to VAT at the normal rate.

 

Article 5.2: Conditions and payment method

Orders are payable using the methods of payment offered by the Establishment. The entire transaction is immediately debited to the Customer’s debit or credit card after verification of the card’s data, upon receipt of the debit authorisation from the issuer of the debit or credit card used by the Customer. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay, given by means of a payment card, is irrevocable. By communicating his/her debit or credit card details, the Customer authorises the Seller to debit his/her debit or credit card for the amount corresponding to the Price.

To this end, the Customer confirms that he/she is the holder of the debit or credit card to be debited and that the name on the debit or credit card is his/her own. The Customer will communicate the sixteen digits and the expiry date of his/her debit or credit card as well as the security code, if applicable.

In the event that the All-Inclusive Price cannot be debited, the Online Sale will immediately and automatically be cancelled and the Order will be cancelled.

The Site allows the Customer to transmit his/her bank details confidentially and securely when placing an order (data secured by SSL encryption) by means of a secure payment provider.

 

ARTICLE 6: MODALITIES FOR EXERCISING THE RIGHT OF WITHDRAWAL

In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the date of receipt of the Gift Pack containing the products ordered, to exercise his/her right of withdrawal without having to justify his/her decision.

 

Article 6.1: Dated order

In accordance with Article L. 221-28 12° of the French Consumer Code, the right of withdrawal mentioned above does not apply to "provision of accommodation services, other than residential accommodation, transportation of goods, car rentals, catering or leisure activities which must be provided on a specified date or period."

Thus, in the event that the Customer has selected dates to use the Gift Voucher or Gift Card, the latter cannot exercise the right of withdrawal pursuant to Article L. 221-28 12° of the French Consumer Code.

 

Article 6.2. Personalised Gift Voucher

In accordance with Article L. 221-28 3° of the French Consumer Code, "The right of withdrawal cannot be exercised for contracts: (...) 3° supply contracts of goods made to the specifications of the consumer or are clearly personalised".

 

Article 6.3. Consequences of exercising the legal right of withdrawal

The Establishment provides the Customer with a withdrawal form that can be accessed on the Website: https://trianonpalace.secretbox.fr

If the products are subject to the legal right of retraction, the Customer, exercising this right in the conditions set out in this article in terms of time and modalities, will be able to choose between *(*obligation to choose from at least one of the following):

  • a credit of an amount equal to the price of the returned products, usable only on the Website;
  • a total or partial reimbursement of the returned products.

It is specified that the right of withdrawal also applies to the sale of goods and services that have been subject to a discount by the Establishment.

The reimbursement of all amounts paid, including the delivery fees, will take place within 90 days from the reception of the products that are subject to the right of withdrawal.

Return costs are the responsibility of the Customer.

 

Only Gift Cards, Gift Vouchers and Gift Packs returned within the time limit, in their original packaging and in perfect condition can be reimbursed.

 

 

Gift Packs must be returned to the following address:

HÔTEL TRIANON DE VERSAILLES, 1 Boulevard de la Reine – 78000 Versailles

 

ARTICLE 7: PROOF OF ORDER/ARCHIVING

The Customer is expressly informed that only the data stored in the Establishment’s databases has probative value with regard to the orders placed.

Data on a computer or electronic medium that is regularly maintained is admissible and enforceable evidence in the same terms and with the same probative force as any document that is received and kept in writing.

 

ARTICLE 8: DELIVERY

Article 8.1: Availability of Gift Cards

The Gift Vouchers and Gift Card offered by the Establishment are products made available in a limited quantity, on the one hand because of limited capacity and on the other hand because of the limited validity of these services over time.

In the event of a temporary or permanent stock shortage, the Customer will be informed by the Establishment of this unavailability and the Order will not be completed and will be cancelled.

Should products be available, the Establishment will do whatever possible to honour any order of Gift Voucher, Gift Card and Gift Pack placed by the Customer.

In the event that the Establishment has entrusted part of the performance of the service included in the Gift Pack to another service provider and if an order cannot be honoured due to stock running out or any other reason, the Customer will have the option of cancelling his/her order. Subject to making the request by recommended letter with acknowledgement of receipt within 48 hours of the notification of the inability to honour the order, the Customer will be reimbursed for the total amount spent within 60 days from the reception date of the cancellation of the order by the Customer.

 

Article 8.2: Lieu of shipping

The Establishment only ships Gift Cards, Gift Vouchers and Gift Packs in Europe.

The Gift Packs are delivered to the address indicated by the Customer when the order is placed. the Establishment cannot be held liable in any way whatsoever in the event of the Customer's absence during delivery or if the Customer makes an error when placing the order. It is the Customer's responsibility to contact the Establishment under the conditions set out in Article 10.

 

Article 8.3: Shipping method and time

  • Delivery will be made within a maximum of 15 days from the placing of the order by the Customer.
  • Delivery is provided by an external service provider which acts on its own behalf and is solely liable.
  • The Customer will receive an email confirming the shipping of his/her order.

A Gift Voucher or Gift Card may be sent electronically to a Beneficiary by the Customer. To do this, when placing an order, the Customer ticks the “send electronically” box, which then delivers the Gift Voucher or Gift Card in a PDF format which can be downloaded by the Beneficiary. The Beneficiary must then print it to be able to present it to the Establishment’s reception desk for the provision of the Service.

 

Article 8.4: Shipping costs

The shipping costs are fixed and are charged in addition to the price of the Gift Packs as follows:

Standard delivery - €3.

 

These rates can be updated at any time, depending on the rates of the shipping service providers.

 

ARTICLE 9: NON-COMPLIANCE

Article 9.1: Claims to be issued to the carrier and the Establishment for damage and/or any missing product. All Gift Packs delivered must be carefully checked by the Customer and any claims must be indicated on the carrier's note in case of partial or total damage of the Gift Pack.

The Customer must also indicate and explain his/her claims to the carrier and the Establishment by registered letter with acknowledgement of receipt, within 48 hours from receipt of the contested Gift Pack.

In the absence of any claim, the Gift Pack is deemed delivered in perfect condition and no subsequent complaint can be made to the Establishment.

 

Article 9.2: Errors in a Gift Pack

The Customer must inform the Establishment by registered letter with acknowledgement of receipt about any error relating to the Gift Packs, Gift Cars or Gift Vouchers ordered ("Contact" section of the Website), within 48 hours of receipt of the order.

Any claim not made according to the rules of this article and within the specified timeframe cannot be considered and the Customer cannot hold the Establishment liable in any way whatsoever.

 

ARTICLE 10: LIABILITY

In the process of online sales, the Establishment is only bound by an obligation of means.

The Establishment cannot be held liable for damages of any kind, whether material or immaterial, which may result from the incorrect use of login details or the procedure to place an order. The Establishment cannot be held liable for any risk inherent to the use of the Internet such as loss of data, intrusion, viruses, interruption of service or any other similar risk.

 

Shipping is provided by an external service provider which acts on its own behalf and is solely liable. Consequently, the Establishment cannot be held liable for any damage resulting from shipping.

 

ARTICLE 11: TRANSFER OF OWNERSHIP/TRANSFER OF RISKS

The transfer of risk is established at the time of delivery of the Gift Pack(s) by the Establishment to the carrier responsible for delivery, notwithstanding the reservation of ownership stipulated, to the benefit of the Establishment in these GTC.

 

ARTICLE 12: CUSTOMER SERVICE - COMPLAINTS

All information request by the Customer must be sent to HÔTEL TRIANON DE VERSAILLES:

  • By telephone to +33 1 30 84 51 20 or
  • Via our Website at https://trianonpalace.secretbox.fr/ by clicking on the "Contact" section, or
  • By registered letter with acknowledgement of receipt to the following address: HÔTEL TRIANON DE VERSAILLES, 1 Boulevard de la Reine – 78000 Versailles

 

 

ARTICLE 13: CONTRACT INTEGRITY - CONTRACT AMENDMENT

The fact that the Establishment does not avail itself at one time or another of any of the clauses in these GTC shall not be interpreted as a waiver, for its part, to avail itself subsequently of one of the said conditions.

Any amendment, termination or abandonment of any of the clauses of the GTC will be valid only after express agreement and written validated between the Parties.

 

ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS

The general structure of the Site, all elements of any kind contained on the Site, including software, database structures, photographs, visuals, videography, texts, drawings, still or animated images, sounds, graphics and logos as well as all other trademarks, illustrations, images and logos appearing on Gift Vouchers, Gift Cards and Gift Packs are the exclusive property of the Seller/Establishment or, where applicable, of their respective owners, from whom the Seller/Establishment has obtained prior authorisation to use them and which are protected by intellectual property rights.

In particular, the Customer agrees not to reproduce and/or represent, download, sell, distribute, issue, translate, adapt, use, broadcast and communicate, in whole or in part, in any form whatsoever, whether commercially or not, any original work of art or content appearing on the Site, other than for private use.

Failure to do so may lead to legal proceedings being launched against the Customer.

 

 

ARTICLE 15 - CONFIDENTIALITY OF PERSONAL DATA

All personal data collected by the Establishment, by any method whatsoever, is for the reserved use of the Establishment.

In accordance with Article 34 of the amended law 78-17 of the French Data Processing and Civil Liberties Law of 6 January 1978 and the General Data Protection Regulation (EU Regulation 2016/679) or " GDPR", the Customer has the right to access, modify, rectify and delete any data concerning him/her.

To exercise his/her rights, the Customer can contact the Establishment by e-mail at the following address: HÔTEL TRIANON DE VERSAILLES.

 In order to receive further information concerning the collection and processing of personal data made by the Establishment, the Customer may consult the Privacy Policy on our Website https://trianonpalace.secretbox.fr/, by clicking on the "Privacy Policy" section.

 

ARTICLE 16: UNFORESEEN CIRCUMSTANCES – FORCE MAJEURE

The Establishment cannot be held liable in the event that the non-performance of its obligations is attributable either (i) to the unforeseeable and insurmountable act of a third party to the contract, or (ii) to a case of force majeure, within the meaning of Article 1218 of the French Civil Code, or (iii) in the event of impossibility of delivery due to the Customer’s incorrect contact details.

 

ARTICLE 17: INDIVISIBILITY

The invalidity of one of the clauses of this contract, pursuant to a law, a regulation or following a court decision, will not lead to the invalidity of these GTC.

 

ARTICLE 18: APPLICABLE LAW

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 version will be valid in the event of a dispute.

 

ARTICLE 19: JURISDICTION (SETTLEMENT OF DISPUTES)

In the event of a dispute, only the French courts will have jurisdiction.

In the event of a dispute, the Customer may first contact the Seller to seek an amicable resolution.

Any dispute which cannot be resolved amicably between the Seller and the Customer within one (1) month of its notification shall be submitted to the French courts having jurisdiction under ordinary law.

In addition, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/

The Customer also has the option to contact a mediation organisation: the Paris Mediation and Arbitration Centre (CMAP).

Before referring the dispute, the Customer must write to the relevant Establishment by registered letter with acknowledgement of receipt.

To refer the matter to the mediation organisation, the Customer must fill in the complaint form available on the site https://www.cmap.fr/offre/un-consommateur/ and follow the procedures explained on the site.