APPLICABLE LAW – COMPETENT JURISDICTIONS These conditions are subject to the French Law. In case of litigation and when an amicable solution cannot be reached, competence will be expressly attributed to the jurisdiction of the Tribunal de Nice (Alpes Maritimes).
GENERAL TERMS OF SALES
PREAMBLE
The present conditions determine the rights and obligations of, on the one hand SARL MARINA HEALTH CENTER., registered with the ANTIBES Register of Companies and Commerce under number B 337 493 860 which headquarters is VILLENEUVE LOUBET Marina Baie des Anges- Le Ducal, hereinafter referred to as « Thalassoleil. » and, on the other hand, net-surfers navigating the website to purchase online on the SARL MARINA HEALTH CENTER web site www.thalassoleil.fr hereinafter referred to as « the users ». The parties agree that their relationship will solely be constituted by the present contract, to the exclusion of any condition available previously on the website. If a condition defaults, it would be determined by the standard terms and conditions of the mail order selling business.
GIFT CERTIFICATES DETAILS CONCERNING ONLINE SALES OF GIFT CERTIFICATES These conditions determine the details concerning the sales agreement between SARL MARINA HEALTH CENTER and the user, from the order, the payment, the delivery to the services. They settle all the necessary steps to register the order and the follow up of the said order between the parties. Deliveries of gift certificates are only done within countries belonging to Europe. For other destinations, the users will have to contact Thalassoleil booking center.
HOW DOES THE GIFT CERTIFICATE WORK ? The user buys a wellness or beauty care service for a beneficiary. The gift certificate is a cardboard document in an envelope where the service(s), the name of the beneficiary of the gift certificate and the period of validity are written. Once the beneficiary has the gift certificates, he contacts the booking center (minimum one week before he/she wishes to have the treatment) so he/she can book his/her treatment the day he/she wishes (within the validity period written on the gift certificate) subject to availabilities.
REGISTERING THE ORDER The user can order from the list of treatments online. The order can only be registered on the website if the user clearly identifies himself or herself by filling in the online form. Any order means that the user accepts the price and description of the services availlable.
SARL MARINA HEALTH CENTER commits to fullfil orders of gift certificates sold online. The gift certificates cannot be exchanged, reimbursed and cannot be used simultaneously with SARL MARINA HEALTH CENTER special offers. The services offered within the gift certificates will have to be used during the validity period written on the certificate. If it’s not the case, the treatments will not be reimbursed nor exchanged. The services sold within the gift certificates are valid one year from the purchase date.
DELIVERY OF GIFT CERTIFICATES SARL MARINA HEALTH CENTER will use La Poste at it’s standard sending prices for the delivery of gift certificates. Gift certificates can also be sent by e-mail (we recommend to do so only if you need the gift certificate urgently). The visual won’t be the same but the service will be identical.
SARL MARINA HEALTH CENTER commits to send the gift certificates no later than 3 days after the user has confirmed his order online subject to La Poste strikes or any other national or regional delay.
SARL MARINA HEALTH CENTER is unable to accept responsibility for any late delivery. The gift certificates will only be sent on working days. The user can be delivered : - either at his home address - or at an address different from the billing address (the beneficiary’s address)
SERVICES The user can refer to a glossary explaining the different treatments or services offered.
VALIDITY OF GIFT CERTIFICATES The services sold within the gift certificates are valid one year as from their purchase date.
PAYMENT The user can pay for the gift certificates by bank card (Visa card, Eurocard, Mastercard). The user will be immediately re-directed to the secure payment server that proceeds to all the verifications. In any case, the fact that the user enters online his/her card numbers and the final order confirmation deem to be proof, in accordance with the Law of March 13th 2000 on electronic signature, of the payment of moneys owed for the said order.
PRE-RESERVATIONS FOR STAYS WITH DEFINED DATES On top of the online purchase of gift certificates, the user can pre reserve a stay or make a simple order. We check availabilities before confirming an order. If the dates required are not available, we will contact you as soon as possible to find the best adapted solution for you. The booking will be effective once you received an e-mail from us confirming your name, reservation dates and schedule of your treatments.
CLIENT CANCELLATION 1. In accordance with the article L. 121-20-4 of the Consumer Code, the client is not untitled to use the right to withdraw as stated in the article L. 121-20 of the Consumer Code as the services are booked for a determined date or period. 2. Any cancellation, total or partial, must be addressed to Thalassoleil (letter or fax). • for any cancellation no later than 30 days before the arrival date : Thalassoleil will reimburse the deposit paid by the client, • for any cancellation within the 30 days before the arrival date : Thalassoleil will keep the whole amount of the deposit. 3. Thalassoleil will reimburse the deposits within a maximum of 30 days from the cancellation date (unless the client prefers to be given a token). 4. If for any reason the client interrupts his cure, his stay at the hotel or at the residence, or if he/she doesn’t have all his/her treatments, in particuliar if he/she doesn’t come to a treatment appointment at the said meeting point, he/she will have to pay all the moneys corresponding to the initial booking. The client will therefore have to pay the outstanding bill before leaving Thalassoleil.
PRICES The prices are shown in EUROS and include taxes. They are inclusive of the VAT at the rate applying on the date of the order. These prices can be modified at any times. The prices of the services ordered online from the general price list and the validity dates in the price list deemed to be proof. These prices are guaranteed unless there is a mistyping or a misprint. Residence A EUR 230 deposit will be taken when the keys of the flat are handed over (the cheque won’t be cashed in). A the end of your stay, the deposit will be given back to you within a maximum delay of 15 days and is subject to the payment of all the moneys owed. The deposit will be kept as an instalment if any compensation for damages is required.
SIGNATURE AND PROOF
RESPONSABILITY
For all the steps to access it’s website, from the online order process of gift certificates to the delivery, SARL MARINA HEALTH CENTER has only an obligation of means. SARL MARINA HEALTH CENTER is unable to accept responsibility for any inconvenience or damage resulting from the use of the Internet, notably a failure in the network service, an external intrusion or the presence of a virus or any force majeure case in accordance with the jurisprudence.
PERSONAL DATA SARL MARINA HEALTH CENTER has the right to collect personal information on the user, such as his/her address. The user can ask for his details to be removed. To exercise this right, the user must address a request to the booking center. In accordance to the Law of January 1978, the user has the right of access and of modification of data relating to him or her.
INTELLECTUAL PROPERTY All the components of the SARL MARINA HEALTH CENTER website, whether visual or sonorous, including the underlying technology, are protected by copyrights, brands or patents that are exlcusive property of SARL MARINA HEALTH CENTER. The user that owns a personal website and who would like to put a link on his/her website, for personal use, must request the authorization to SARL MARINA HEALTH CENTER. This will not be an implicite affiliation convention. It is completely forbidden to use a hypertext link towards SARL MARINA HEALTH CENTER website. In any case any link, even authorized tacitly, will have to be removed on SARL MARINA HEALTH CENTER simple demand.
DURATION These conditions are applicable during the whole time the services offered by SARL MARINA HEALTH CENTER are available online.
PROOF The computerized records, kept within the computerized server of SARL MARINA HEALTH
CENTER and its partners have secured protection, are deemed to be proof of communications, orders and payments between the parties.