The Establishment proposes on line Gift Vouchers to order with obligation of payment, elaborated under the URL: https://www.stwalfrid.fr/en/gift-vouchers , L'AUBERGE SAINT WALFRID whose seat is in 58 rue de Grosbliederstroff 57200 Sarreguemines, registered under the number of SIRET 42439729700013 and code APE 5610A.
The terms defined below have, in the present General Terms of Sale (GTS), the following meanings:
Beneficiary: means the person who uses the Gift Voucher.
Gift Voucher: means the document containing the offer, the place, the validity number, the validity date, the name of the beneficiary and the description allowing to take advantage of an offer within an establishment. The Gift Voucher can be delivered by post or collected on site.
AUBERGE SAINT WALFRID reserves the right to add to the list of Gift Voucher available for sale or to stop issuing them at its sole discretion and at any time.
Client: means the person who purchases a Gift Voucher, it being understood that the Client may or may not be the Beneficiary of the service depending on whether the Client will make personal use of the Gift Voucher or whether the Gift Voucher is intended for the use of another Beneficiary.
Establishment: refers to the company issuing the Gift Voucher (L'AUBERGE SAINT WALFRID) which ensures the collection, invoicing, delivery follow-up, compliance of the service and all obligations related to the offer.
Monetico: refers to the company that ensures the security and payment of bank transactions.
Site: refers to the Site https://www.stwalfrid.fr
ARTICLE 1: APPLICATION AND ENFORCEABILITY
The Customer is invited to carefully read the entirety of these General Terms of Sale (GTS) which define the terms and conditions under which the sale of Gift Vouchers is carried out by L'AUBERGE SAINT WALFRID.
Any order made by the Customer implies his full acceptance and full compliance with these GTS.
The Customer acknowledges having read the GTS prior to ordering.
These Terms and Conditions apply only to orders for Gift Vouchers placed on the website https://www.stwalfrid.fr/en/gift-vouchers , directly by phone: +33 (0)3 87 98 43 75, or at the reception of the establishment.
AUBERGE SAINT WALFRID reserves the right to modify the present GTS at any time. In this case, the new conditions will apply to any new order, as well as to all the operations in progress, as of the date when they will have been brought to the knowledge of the Customer by any means. The present General Terms and Conditions of Sale are valid from 07/12/2022. They cancel and replace from this date, all previous versions of these conditions.
The Customer declares to have the legal capacity in accordance with article 1145 and following of the Civil Code to contract and use the Site in accordance with the General Terms of Sale and Use of the Site.
These GTS are intended to govern the relationship between L'AUBERGE SAINT WALFRID and the Customer, in addition to any written agreement and on all matters not covered by a written agreement, under the conditions provided in Article 2 below.
These GTS take precedence over any other document issued by the Client, in particular any Purchasing Terms and Conditions, unless expressly agreed otherwise in advance by the Establishment. The fact that the Establishment does not avail itself of the Contract and/or these GTS at a given time shall not be interpreted as a waiver of its right to do so at a later date.
ARTICLE 2: ORDERING PROCESS
The Customer places orders for Gift Voucher directly:
- by Internet on the Site: https://www.stwalfrid.fr/en/gift-vouchers ,
- by phone : +33 (0)3 87 98 43 75,
- with the establishment.
The procedure for placing orders on the Site includes the following steps:
- Selection on the Site of a Gift Voucher : click on the button " Offer ",
- Following this selection, a summary called "basket" will be displayed with all the choices and the total price of the selected Gift Voucher.
It is only possible to order one Gift Voucher at a time.
- Personalized entry of the person(s) inviting and the guest(s) on the Gift Voucher ,
- Creation of the customer account to allow the authentication of the customer and the connection to the account,
- Selection of the delivery method and the delivery address,
- Display of a summary of the basket allowing the Customer to check the details of his order and thus to make the modifications he deems useful, to record his order and to accept the present GTS by a "first click",
- Registration of the Customer's order after a click on "Validate and Pay",
- Choice of payment method :
- In case of payment by bank transfer: Provision of the RIB to make the payment
- In case of payment by credit card: Validation of the payment by the customer by credit card via a secure interface generated by Monetico. Once the payment is validated, the order is final and an email confirming the order and summarizing all the elements related to it will be sent to the Customer,
- In case of payment on collection: Message inviting the customer to go to L'AUBERGE SAINT WALFRID to collect his purchase.
- After confirmation of his order, the Customer will have access to his account, allowing him to track his orders.
ARTICLE 3: CONDITIONS OF USE OF GIFT VOUCHERS
In the event that the Customer is not a Beneficiary of the Gift Voucher, the Customer is invited to inform the Beneficiary of the conditions below:
- The Gift Voucher is valid and can only be used upon reservation. Only the presentation of the original Gift Voucher received by mail entitles the recipient to a benefit (or the copy received by email, printed).
- The delivery of the service will take place after the establishment has checked the validity of the Gift Voucher and the full payment of the latter.
The Gift Voucher is valid for 1 year from the date of issue on the Gift Voucher or Gift Voucher, subject to availability by L'AUBERGE SAINT WALFRID.
In the event that the Gift Voucher is not used within its period of validity, or is lost, stolen or destroyed, the Beneficiary will not be entitled to a refund or compensation of any kind. However, we invite the Beneficiary who would be unable to use his Gift Voucher within the period of validity to contact L'AUBERGE SAINT WALFRID.
The Customer acknowledges that the services of the Gift Voucher do not include transportation to the location of the service of the selected establishment.
The photographs presented in the Gift Voucher are not contractual. Any partial or complete reproduction is prohibited and may result in legal action.
ARTICLE 4: OBLIGATIONS OF THE ESTABLISHMENT
AUBERGE SAINT WALFRID declares that it holds professional liability insurance for the provision of services and that it has all the authorizations and accreditations required to carry out its activities in a regular manner and in compliance with the applicable legal and regulatory provisions.
ARTICLE 5 : PRICES AND PAYMENT CONDITIONS
Article 5.1 : Prices
AUBERGE SAINT WALFRID reserves the right to modify its prices at any time, it being specified that the price of the Gift Vouchers displayed on the Site is the one in effect on the day of the order.
In accordance with tax ruling n°2007/31 of September 18, 2007, the marketing of Gift Vouchers is not subject to VAT in relations with consumers.
In case of delivery by mail of the Gift Vouchers, shipping costs, defined in article 8, may be charged in addition to the cost of the services, it being specified that the amount of these costs will be indicated before the final validation of the order.
Article 5.2 : Conditions and method of payment
The payment of the order can be made by :
Credit card: according to the choice of cards proposed in the page means of payment by indicating directly in the zone envisaged for this purpose: the number of card, its date of validity, as well as its code of control located at the back of the card. The total amount of the order will be debited from the credit card on the day of the order. AUBERGE SAINT WALFRID reserves the right to suspend any processing of the order and any delivery in the event of non-payment or refusal of authorization of payment by your bank. The Site allows the Customer to transmit his bank details in a confidential and secure way, at the time of the order (secured entry by SSL encryption) through the Monetico service.
Bank transfer : The bank account number of the AUBERGE SAINT WALFRID is available when ordering and choosing this method of payment. The transfer of the total amount of the order must be made as soon as possible.
The AUBERGE SAINT WALFRID reserves the right to suspend the processing of the order and any delivery in case of non-payment, of too long delay of payment (> 1 week).
Upon pick-up: The order is prepared before the pick-up. The customer must pick up the Gift Voucher within 1 week. Payment can be made on the spot.
The AUBERGE SAINT WALFRID reserves the right to suspend any processing of the order in case of non-payment, default of payment, or too long delay of presentation to withdraw your order (> 1 week)
ARTICLE 6: TERMS AND CONDITIONS FOR EXERCISING THE LEGAL RIGHT OF WITHDRAWAL
In accordance with article L. 221-28 3° of the Consumer Code, "The right of withdrawal cannot be exercised for contracts: (...) 3° for the supply of goods made to the consumer's specifications or clearly personalized".
Therefore, the Customer cannot exercise his right of withdrawal within the framework of a purchase of a Gift Voucher, and will not be refunded.
The Customer may ask L'AUBERGE SAINT WALFRID to change the Beneficiary of the Gift Voucher.
ARTICLE 7: PROOF OF ORDERS/ARCHIVING
The Customer is expressly informed that, except in the case of an obvious error for which he/she must provide proof, the data stored in the databases of L'AUBERGE SAINT WALFRID have evidential value with regard to orders placed.
The data on computer or electronic support regularly kept constitute admissible and opposable proof in the same terms and with the same probative force as any document which would be received and kept in writing.
AUBERGE SAINT WALFRID ships Gift Vouchers to all countries.
Shipping costs are FREE to the Customer, regardless of the country of delivery.
The Gift Vouchers are delivered to the address indicated by the Customer when placing the order. L'AUBERGE SAINT WALFRID shall not be liable for any reason whatsoever in the event that the Customer is absent at the time of delivery or in the event that the Customer makes a typing error when placing the order. It is the Customer's responsibility to contact L'AUBERGE SAINT WALFRID in accordance with Article 11.
Mode of transport and delivery time
The shipment will be made within 1 week, by mail, from the placing of the order by the Customer.
The Customer will receive an email confirming the shipment of his order
The time of reception depends on the country of destination
In case of obvious delay, L'AUBERGE SAINT WALFRID undertakes to implement all useful actions in order to control and then settle any malfunction of the transport service which is attributable to it.
Exceptionally, a Gift Voucher may be sent to a Beneficiary or a Customer by the Establishment in the form of a digital mailing. To do this, when ordering, the Customer indicates to AUBERGE SAINT WALFRID that he/she wishes to receive a copy of the Gift Voucher by email.
The Beneficiary must then print it in order to present it at the reception of the establishment for the delivery of the service.
ARTICLE 9: NON COMPLIANCE
Any Gift Voucher delivered must be carefully checked by the Customer and any reservations made on the carrier's slip in case of partial or total deterioration of the Gift Voucher.
In the absence of reservations, the Gift Voucher is deemed to have been delivered complete and in perfect condition and may not be the subject of any subsequent dispute with the Establishment.
The Customer must formulate by registered letter with acknowledgement of receipt addressed to the Establishment (heading "Contact" of the Site), within 48 hours as from the reception of the order, any error relating to the ordered Gift Vouchers.
Any complaint not carried out in the rules of this article and within the time limits could not be taken into account and will release the Establishment from any responsibility towards the Customer.
ARTICLE 10: TRANSFER OF OWNERSHIP/TRANSFER OF RISK
The transfer of risks is established at the moment of the delivery of the Gift Voucher by the Establishment to the carrier in charge of the delivery, notwithstanding the reservation of ownership stipulated for the benefit of L'AUBERGE SAINT WALFRID in the present GCS.
ARTICLE 11: CUSTOMER SERVICE AND COMPLAINTS
Any request for information by the Customer must be addressed to L'AUBERGE SAINT WALFRID:
- or by phone at +33 (0)3 87 98 43 75
- or through our website https://www.stwalfrid.fr/en/gift-vouchers ,
- or by registered letter with acknowledgement of receipt to the following address L'AUBERGE SAINT WALFRID, 58 rue de Grosbliederstroff 57200 Sarreguemines
ARTICLE 12: INTEGRITY OF THE CONTRACT - MODIFICATION OF THE CONTRACT
The fact that the AUBERGE SAINT WALFRID does not prevail at a given moment on a temporary or permanent basis of one of the clauses of the present GTS cannot be interpreted as being worth renunciation, on its part, to prevail itself later on of one of the said conditions.
Any amendment, termination or waiver of any of the clauses of the GTS shall be valid only upon express written agreement between the Parties.
ARTICLE 13. - INTELLECTUAL PROPERTY RIGHTS
ARTICLE 14. - CONFIDENTIALITY OF PERSONAL DATA
ARTICLE 15. - FORTUITOUS EVENT - FORCE MAJEURE
The performance by the Establishment of its obligations under these GCS shall be suspended in the event of the occurrence of an act of God or force majeure in accordance with Articles 1218 and 1351 of the Civil Code which would impede or delay the performance thereof.
The Establishment shall notify the Customer of the occurrence of such an act of God or force majeure within 45 days from the date of occurrence of the event.
If the suspension of the performance of the Establishment's obligations continues for a period of more than 90 days from the confirmation of the date chosen for the performance of the service by the Establishment, the Customer shall have the option of cancelling the current Order and the Establishment shall then proceed with the reimbursement of the totality of the Order under the conditions set forth in Article 8.
ARTICLE 16: INVALIDITY
If any of the stipulations of the present GTS were to prove null and void with regard to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without entailing the nullitý of the present GTS, nor altering the validitý of its other provisions.
ARTICLE 17: APPLICABLE LAW
The applicable law is French law for all disputes relating, in particular, to the validity, interpretation, execution or termination of these GTS and related contracts.