General terms and conditions

IMPORTANT – NOTIFICATION TO USERS – READ CAREFULLY BEFORE BROWSING THE CONTENT AND USING THE SERVICES FEATURED ON THIS WEBSITE, AND KEEP A COPY THEREOF

BETWEEN:
·  The company ODYLAC, a simplified joint-stock company with a sole partner and a capital of €200,000, with headquarters located at 1903 – L’AUBERGE DU PÈRE BISE – JEAN SULPICE Route du port 74290 TALLOIRES-MONTMIN, FRANCE, represented by its current chairman,

hereinafter referred to as The Establishment,

AND

· the persons, professionals or consumers, wishing to access the Content or make a purchase on ODYLAC’s website,

hereinafter referred to as “Visitor” or “Buyer”

hereinafter jointly referred to as “The Parties”.

PREAMBLE
ODYLAC is a company that operates the restaurant L’AUBERGE DU PÈRE BISE – JEAN SULPICE, Route du port in TALLOIRES-MONTMIN 74290, FRANCE.

For the purpose of this activity, the Establishment operates and maintains the Website on which it provides the Content and Services to Visitors, including an online store.

The purpose of these guidelines is to define the Website’s terms of use by the Visitors.

These General Terms and Conditions aim to establish the characteristics, modalities and access conditions to the Content and Services available on the Website, as well as define the rights and obligations of the Parties in the framework of the online sale of products and services provided by the Establishment to the Buyer.

The Parties agree that their relations are exclusively governed by these General Terms and Conditions, excluding any condition previously available on the Website.

The Website is available for free on the Internet and can be accessed by any Visitor or Buyer with access to the Internet.

All costs relating to accessing the Website, such as equipment, software and Internet access, are borne solely by the Visitor or the Buyer, who alone is responsible for the good operation of their equipment and Internet access.

These General Terms and Conditions are freely accessible by any Visitor or Buyer on the Website from the following URL: https://www.perebise.com/en/terms-conditions/.

These General Terms and Conditions are systematically subjected to the Buyer’s agreement prior to any purchase of a Product on the Website.

Without prior acceptance of the General Terms and Conditions, no purchase can be made on the Website.

The Establishment has the right to modify the General Terms and Conditions at any time by publishing a new version on the Website. They shall come into force upon publication on the Website, and apply to the Content and use of the Website upon express agreement by the Buyer when required.

The General Terms and Conditions applicable to an Order are those available on the Website and expressly agreed upon by the Buyer prior to confirming their Order.

The Parties agree that illustrative pictures featured on the Website https://www.perebise.com have no contractual value.

The Website doesn’t sell products to minors. Any Visitor less than 18 years old can only use the Website under the supervision of a parent or legal representative.

Pursuant to Article L121-20-12 of the French Consumer Code, the Buyer recognises they have been given information about the withdrawal right and the procedures for exercising it, as expressed in Article 12, and applicable to any purchase made on the Website.

By way of derogation, pursuant to Article 5 of these Terms and Conditions, and the provisions of Article L221-8 of the French Consumer Code, the Buyer recognises they have been informed that booking a stay or a table in the Establishment shall not be subject to withdrawal.

The Buyer recognises they have been informed of the key features and prices of the Products being sold, pursuant to Article 7 of these Terms and Conditions, as well as Articles L111-1 and L111-4 of the French Consumer Code.

 

1   DEFINITIONS
Buyer: refers to any Visitor of the Website, aged at least 18, who places an Order;

Product(s): refers to any product up for sale on the Website’s online store;

Content: refers to the content, articles, product pages, pictures, and other contents accessible by Visitors or Buyers on the Website;

Order: refers to a purchase or reservation made on the Website by a Buyer;

Services: refers to distance selling services and Content provision on the Website;

Website: refers to all Content and Services accessible on the Website via the following address: https://www.perebise.com.

Visitor: refers to any Internet user aged 18 or more visiting the Website, or minor visiting the Website under the surveillance of their legal guardian.

 

2   SCOPE AND ACCEPTANCE OF THE CONDITIONS
2.1        – Application – The General Terms and Conditions are presented in English language translated from French, and are intended to apply exclusively to the Establishment and any Visitor wishing to access the Website and its Content, as well as any potential Buyer.

We remind you that the Website, its Content and Services are only to be accessed by adults, in compliance with the laws in force at the moment of consultation of the Website or use of the Services. Visits by minors are allowed under the supervision of a parent or legal representative.

2.2        Any Visitor and/or Buyer agrees without reservation with these General Terms and Conditions upon consultation of the Website, and in any case, gives their express acceptance when purchasing a Product.

2.3        These General Terms and Conditions, once expressly agreed, are applicable ipso jure to all Product sales made by the Establishment through the Website.

2.4        Derogation – Any derogation to these General Terms and Conditions can only be binding to the Establishment if it has been expressly agreed upon and formalised in writing and signed by the Establishment.

The Establishment opting not to impose sanctions on a behaviour derogating to these General Terms and Conditions does not constitute acceptance of this behaviour, nor does it constitute forfeiture of its right to take action against the person responsible.

 

3  TERMS AND CONDITIONS REGARDING ACCESS TO THE WEBSITE
3.1        – Content – The Website’s purpose is to promote the Establishment as well as the sale of Products, in compliance with these General Terms and Conditions.

Among other things, the Content includes:

·                A presentation of the Establishment, available under the tab “Hotel”;

·                A presentation of the two-star Restaurant, including the menus, available under the tab “Restaurant”;

·                A presentation of the bistrot “Le 1903”, including the menus, available under the tab “Bistrot”;

·                A presentation of Chef Jean SULPICE, available under the tab “Jean Sulpice”;

·                An online store divided into four sections (Stays, Gastronomy, Bistrot and Books) available under the tab “Gifts”;

·                An online booking service, available under the tab “Booking”;

·                A “Contact” section to send an email to the Establishment, available under the tab “Contact”.

3.2  – Access to the Content – The Content is accessible by any Visitor or Buyer via the following URL: https://www.perebise.com

The Establishment strives to enable, but cannot guarantee, access to the Website 24/7, except for cases of force majeure or an event beyond its control, subject to potential maintenance required for the good operation of the Website and/or improvements to and/or modifications to the Website, which can be carried out without the Establishment giving prior notice to Visitors or Buyers.

In no case shall the Establishment be held responsible for interruptions in access to the Website and their consequences, no matter their scope.

3.3        – Security and Virus – It is the Visitor or Buyer’s responsibility to take all appropriate measures to protect themselves from contamination of their data, software or equipment by viruses spreading through a Website or information published on said Website, and to manage their data backups.

The Visitor or Buyer expressly agrees and understands that the use of the Website is their own responsibility and that they are fully responsible for any damage caused to their computer system or Internet access terminal, as well as any data loss that could arise from a download or use of the Website.

3.4        – Use of the Website – Visitors and Buyers agree to use the Website in compliance with the requirements detailed in these General Terms and Conditions.

They expressly agree that using the Website, information, and tools included or accessible through the Website, is their sole responsibility.

Visitors or Buyers refrain from proceeding to any download or operation that might impair the good functioning of the Website.

In any case, they will be solely responsible for any damage caused on this occasion.

Visitors or Buyers refrain from any action likely to impair the good functioning of the Website and/or undermine the reputation of the Website, the Establishment, companies within its group, or their leaders.

 

4  ONLINE BOOKING
4.1         – Booking tab – To book an online product, the Visitor must click on the tab “Booking” or go directly to the following address: https://www.perebise.com/en/book/.

They can then book:

·               at the hotel;

·               at the gastronomic restaurant;

·               at Bistrot 1903.

4.2        – Hotel booking – If the Visitor wishes to book a stay at the Hotel, they can click on the “Booking” button in the dedicated column.

The Visitor must specify:

·               their desired date of arrival;

·               the number of night(s);

·               their desired date of departure;

·               the number of room(s);

·               the number of guest(s), including of children.

If they have a promo code, they can enter it in the field provided.

Below this section, the Visitor can also browse a virtual calendar with the Hotel’s vacancies.

Room selection – The Visitor is then invited to select, based on availability, the type of room they wish for their stay.

They can choose between:

·               classic rooms;

·               superior rooms;

·               charm rooms;

·               junior suites;

·               suites;

·               master suites.

Each of these rooms is described in detail to adequately inform the Visitor on the Website, along with illustration photographs.

As the applicable rates are likely to change, they are displayed as a night rate below each room’s description.

The Visitor can then book a simple room, or add extra services:

·               a “Bistrot evening” to add a dinner at Bistrot 1903;

·               a “Horizon stay” to add a wine dinner at the gastronomic restaurant, as well as breakfasts;

As the applicable rates are likely to change, they are displayed below each service’s description.

The Visitor can then add extra services to their booking, including:

·               one or several meals at the gastronomic restaurant, depending on availability;

·               one or several meals at Bistrot 1903, depending on availability;

·               a signed book left in the room;

·               two glasses of champagne served in the room upon their arrival;

·               a bouquet of flowers left in the room before their arrival;

·               a bottle of champagne left in the room before their arrival;

·               massage services provided in the room by partners of the Establishment;

·               transfer services from Annecy train station or Geneva airport;

·               baby bed in the bedroom;

·               a pet guest.

These extra services are described in detail on the Website to adequately inform the Visitor.

As the applicable rates for these extra services are likely to change, they are displayed below each service’s description.

Booking payment – Once their selection is made, the Visitor is invited to confirm and proceed with the payment.

To confirm their booking, the Visitor must specify their:

·               title;

·               first name and last name;

·               email address;

·               postal address;

·               phone number;

·               payment information (credit card type, name of the credit card holder, credit card number, expiration date and security code).

The Visitor is informed that payment is processed through the SYNXIS app, published by the company SABRE, under supervision of the company RELAIS & CHÂTEAUX ENTREPRISE, SAS with a capital of €1.024.515, registered with the trade register of Paris (RCS) under the number B 402 003 404.

RELAIS & CHATEAUX’s general terms and conditions are available at the following address: https://www.relaischateaux.com/fr/p/legal#COOKIES

At this stage, the Visitor can also create a profile, see section 4.3 below.

The Visitor can also add a comment about their specific situation.

 

Then the Visitor must:

·               specify whether or not they wish to receive the newsletter of the Establishment’s partner “Relais et châteaux”;

·               read and agree to the Establishment’s privacy policy about personal data;

·               read and agree to the general terms and conditions as well as guarantee and cancellation policies applicable to their stay.

The Visitor can then confirm their booking.

Upon confirmation of their Order, the Visitor becomes a Buyer.

Once payment is accepted, the Buyer receives an email with a summary confirmation that they can print.

4.3        –  Profile creation – When booking a stay, the Visitor can create a profile.

They can create an account by clicking on the button “I want to create a profile”.

Creating an account allows the Visitor to log back into the booking system without having to enter their information a second time.

When creating a profile, the Visitor must select a password.

The Visitor agrees to keep their password secret and not to divulge it to a third party under any circumstances.

If they lose or forget their password, the Visitor will be able to reset it by clicking on the button “Password forgotten”, then entering the email address linked to their profile.

The Visitor has sole responsibility for the consequences of using their profile, and agrees that any connection or data transmission made from their profile will be considered as carried out by them.

The Visitor can, at any time, delete their profile by sending a message asking for deletion to the Website’s admin, by clicking on the “Contact” tab.

The Establishment will delete the profile without undue delay, and in any case, within a maximum of one (1) month upon receipt of the deletion request.

4.4        –  Consultation of bookings – Once the booking is made and confirmed, the Buyer can request a summary of their bookings from the Establishment, in addition to the order confirmation they received.

4.5        – Booking at the gastronomic restaurant – If the Visitor wishes to book a table at the gastronomic restaurant, they can click on the “Booking” button located in the dedicated column.

CAUTION: THE BOOKING IS PROCESSED THROUGH AND UNDER THE RESPONSIBILITY OF THE GUESTONLINE APPLICATION, WHOSE DETAILS ARE AS FOLLOWS:

TABLEONLINE, SAS with a capital of €195.582, headquarters: 2, avenue de Lombez 31300 Toulouse, FRANCE; trade register (RCS Toulouse) no. 497 564 195, Publishing Director: Mr Antoine GIRARD, Phone: +33 (0) 5 64 88 01 84.

The Visitor must select the number of guests as well as the desired booking date and time.

The Visitor is then informed of the booking’s cancellation conditions – detailed in these General Terms and Conditions in the section “Cancellation” – and of the fact that a bank guarantee will be taken in the form of a pre-authorised debit from the Visitor’s payment body, which can be used to cover cancellation fees.

The Visitor is informed of the amount of the pre-authorised debit.

If they agree to these conditions, the Visitor can go through with their booking.

They must specify their:

·               first and last names;

·               email address;

·               phone number.

They can opt to receive news from the Establishment via email.

They can ask for their login information to be remembered.

They can send a message to the Establishment.

Payment – Once the Visitor has completed their selection, they are invited to confirm and proceed with the payment.

PAYMENT IS PROCESSED THROUGH THE STRIPE APPLICATION, WHOSE GENERAL TERMS AND CONDITIONS ARE AVAILABLE ON THE FOLLOWING URL: https://stripe.com/fr/privacy

To proceed with the payment, the Visitor must specify:

•       their credit card number;

•       expiry date;

•       visual cryptogram.

None of this information is transmitted to the Establishment.

The Visitor must agree to the General Terms and Conditions and can consult GUESTONLINE’s own terms and conditions.

The Buyer will then receive an email confirmation for their booking.

4.6        – Booking at Bistrot 1903 – If the Visitor wishes to book a table at Bistrot 1903, they are invited to call the Bistrot at: +33 (0) 4 50 60 48 02.

 

5  CANCELLATION
Pursuant to Article L221-8 of the French Consumer Code, booking a stay or a table in the Establishment shall not be subject to withdrawal.

However, the Establishment wishes to allow Buyers to cancel their booking, under the following conditions:

·         in the event of a cancellation occurring more than 72 hours before the day/time of the booking; no fee will be charged to the Buyer;

·         in the event of a cancellation occurring less than 72 hours before the day/time of the booking; the Buyer will be charged €100 per guest.

 

6  GIFTS
6.1         – Gifts tab – To purchase gift cards online, the Visitor must click on the “Gifts” tab or connect directly via the following address: https://www.perebise.com/en/gifts-auberge-du-pere-bise/.

They can then purchase:

·               “stay” gift cards;

·               “gastronomy” gift cards;

·               “bistrot” gift cards;

·               or books.

6.2        Gift selection – The Visitor selects the type of gift card by clicking “View Gift Cards” in the section they’re interested in.

They can select the gift card they would like to purchase.

They must then specify:

·               the desired shipping method (free download or paid shipment);

·               the beneficiary’s email address;

·               the beneficiary’s last and first names;

·               a message for their beneficiary.

6.3        Buying the gift – Once the gift card is selected, it is added to the Visitor’s virtual shopping basket.

The Visitor can then purchase the gift card:

·               either via their profile, if they already have created one (see article 4.3);

·               or by creating a profile (see article 4.3);

·               or without creating a profile, by clicking on “Order without creating an account”.

Any order implies acceptance without reservation of these General Terms and Conditions, which is given by ticking the box “I have read and agree without reservation to the General Terms and Conditions”.

Any order also implies acceptance of the Establishment’s privacy policy, which is given by ticking the box “I agree with my personal data being collected and processed”.

6.4        Payment – PAYMENT IS PROCESSED THROUGH AND UNDER THE RESPONSIBILITY OF SECURED APPLICATION E-TRANSACTIONS, PUBLISHED BY LE CRÉDIT AGRICOLE.

In order to pay, the Visitor must enter:

•       their credit card number;

•       expiry date;

•       visual cryptogram.

None of this data is transmitted to the Establishment.

The Buyer then receives an order confirmation.

 

 

7  CHARACTERISTICS OF SOLD PRODUCTS – CONSUMER INFORMATION
7.1        Pursuant to Articles L111-1 and L111-4 of the French Consumer Code, the essential characteristics and prices of on-sale Products are available on the Website in the form of a description detailing their main characteristics. Photographs used must be as faithful as possible but are considered as non-binding illustrations.

7.2        – The Establishment can be contacted by any Visitor or Buyer using any of the following:

Email: reception@perebise.com

Phone: +33 (0) 4 50 60 72 01

Furthermore, a contact form is available at the following address:

https://www.perebise.com/en/contact/

 

Products are subjected to current legislation regarding distance selling, most notably in terms of withdrawal rights as explained below.

7.3        – Allergens, Establishment’s responsibility – The Establishment keeps available to Visitors and Buyers, as well as clients of the Restaurant, a list of allergens potentially used in the dishes served.

It is up to the Visitor or Buyer to request this list from the Establishment:

Either by email: reception@perebise.com

Or the following contact form:

https://www.perebise.com/en/contact/

 

8  PRODUCTS AVAILABILITY
8.1         – Offers and availability – Booking offers and gift cards, along with their prices, are valid within the limits of available stocks as long as they remain visible on the Website.

8.2        – Stock-out – Given the possibility to book stays, meals or gifts outside of the Website, Visitors and Buyers are informed that their booking can occur through the Website despite the booking calendar not being up to date.

In case the booking made is unavailable, the Buyer will receive a full refund under thirty (30) days and the Establishment will make every effort to find a substitute booking for the Buyer.

 

9  ORDER MODIFICATION
9.1        – Order modification – The accuracy of information given by the Buyer during the order process is their sole responsibility. In the event of a mistake in the email address or recipient’s contact information, the Establishment cannot be held responsible for not being able to confirm the order or proceed with the delivery. After the order has been paid, no change to the delivery address of the package(s) can be taken into account.

No modification to the order can be made after receipt of the payment, subject to cancellation and refund conditions as outlined in the General Terms and Conditions.

9.2        – Order rejection – The Establishment reserves the right to reject any order from a Buyer for a legitimate reason, pursuant to Article L121-11 of the French Consumer Code, most notably if said order is abnormal, placed in bad faith, or for any other legitimate reason, in particular if there is a standing litigation with the Buyer regarding payment of a previous order.

 

10  PRICING
Prices of Services on sale on the Website are mentioned for each Service (service or product).

Orders are payable in full and are only processed after receipt and collection of the payment corresponding to the order’s price.

10.1    – Prices – Prices are displayed on the Services’ descriptive pages in EUROS (all taxes included).

10.2     – Payment conditions – Payment by the Buyer is only processed through secure services provided by STRIPE and PAYBOX BY VERIFONE.

The transaction is fully overseen by these secure payment services. The Website will never directly request the user to enter their banking or credit card information, or store this information.

Any incident relating to a possible malfunction of the payment platform shall immediately be relayed to the Establishment as well as the payment platform itself, which will bear full responsibility.

In case payment for the Services is impossible, the online sale is immediately revoked in full right and the Order cancelled.

According to the French Law on Information Technology and Individual Freedom of January 6th, 1978, as well as GDPR regulation (EU) 2016/679, the Buyer holds an access, rectification and retraction right to their private information, which can be exercised by writing to the Establishment via the “Contact” tab on the Website. A proof of identity must be attached to the request.

 

11  DELIVERY
11.1    – Shipment – In case the Buyer’s order requires shipment, the Buyer receives a shipment confirmation via email for their Order.

Delivery will be made to the shipping address specified by the Buyer upon their Order. During each step of the aforementioned Order, the Buyer agrees to comply with these contractual terms, pursuant to Articles 1103 and 1104 of the French Civil Code.

11.2    – Shipping costs – Shipping costs are listed in the Order’s confirmation.

11.3    – Delivery times – Indicative delivery times are available on the Website, and mentioned during the Order process.

These may vary depending on the availability of Products included in the Order.

Delivery times are always expressed in business days and correspond to the average time for preparing and shipping the Order to the address specified during the Order process. These do not take into account uncertainties inherent to companies trusted with the shipment of the Order, or reasons of force majeure.

Delivery times shall commence from the date of the Order’s confirmation by the Establishment.

11.4    – Delivery delays – In case of a delivery delay, the Order is not cancelled.

If the Establishment is informed of such a delay, it will notify the Buyer via email that the delivery is delayed.

In this case, pursuant to Article L216-2 of the French Consumer Code, the Buyer can terminate the contract per registered letter if, after having enjoined the Establishment to proceed with the delivery or provide the service within a reasonable additional delay, the latter did not comply within that delay.

The contract is considered terminated upon receipt by the Establishment of a letter informing it of such termination, unless the Establishment acted in the meantime.

 

11.5    – Delivery verification – The Buyer must ensure that what is delivered does match their Order. If the delivery does not comply in nature, quality or quantity with the original Order, the Buyer must inform the Establishment within fourteen (14) days via the contact form accessible at the following address:

https://www.perebise.com/en/contact/

The Buyer must, if need be and after confirmation by the Establishment, send back what was delivered to them.

The Establishment agrees to take back, at its own expense, delivered products that were damaged or did not comply with the Order, and send back new or missing products without undue delay, or to fully refund the Buyer if the products cannot be replaced.

11.6    – Unable to proceed with the delivery – In case a package is returned to the Establishment because the delivery of the Order cannot be made – for any reason -, especially if the recipient’s address is incorrect, the Buyer is automatically notified via email.

If the Establishment does not receive a reply from the recipient within forty-eight (48) hours after receipt of this email, it reserves the right to effectively cancel the Order.

In this case, shipping fees will not be refunded.

11.7    – Responsibility and compensation – The Establishment’s liability cannot, in any case, exceed the price paid by the Buyer.

 

12  RIGHT OF WITHDRAWAL – EXCEPTIONS
12.1    Withdrawal for Orders – Pursuant to Articles L121-20-12 et seq. of the French Consumer Code, the Buyer is informed that they have a fourteen-day (14) withdrawal period once the purchase is made on the Website.

In this framework, the Buyer can cancel their Order without motive or paying any penalty or fee.

12.2    A Buyer exercising their withdrawal right will receive a full refund for the amount they have paid for their Order on the Website.

Refund of the amount paid by the Buyer will be processed within fourteen (14) days after receipt by the Establishment of the Buyer’s withdrawal notice.

12.3    The withdrawal form can be found in Appendix of these General Terms and Conditions, and is available at any time on the Website at the following address: https://www.perebise.com/retractation/

12.4    Order refund – In the event of a withdrawal, the Buyer only bears the costs for sending back delivered products.

Pursuant to Article L221-24 of the French Consumer Code, the Establishment refunds the Buyer for the entire amount paid, including shipment costs, without undue delay, and at the latest upon receipt of these products or until the Buyer provides a proof of shipment for these products, whichever is the earliest.

Any refund is carried out using the same payment means as the Buyer for their Order, except upon express request from the Buyer agreed upon by the Establishment.

The Buyer is only liable in case of depreciation of the delivered products resulting from handling other than that necessary to assess the nature, characteristics and good functioning of these products.

12.5    Exceptions – Pursuant to Article L221-28 of the French Consumer Code, the withdrawal right can only be exercised for contracts relating to accommodation services, except residential accommodations, good transportation services, car rental services, restaurants or leisure activities at a specific date or over a specific period.

In order to cancel a booking made on the Website, the Buyer will need to comply with the provisions of the section “Cancelling a booking”.

 

13  INTELLECTUAL PROPERTY
All intellectual property rights, particularly copyrights, trademarks, image rights as well as ancillary rights regarding the Website’s general structure and text, logo, or any other element that make up the Website, which belong to the Establishment, companies within its group, or their management, remains the sole property of the Establishment or their respective owners.

The brand “1903 – Auberge du père Bise Jean Sulpice” has been filed with the French Industrial Property Institute (INPI – Institut national de la propriété industrielle) under the number 4342722 for categories no. 7, 8, 11, 16, 24, 29, 30, 32, 33, 41 and 43.

Similarly, the brand “Jean Sulpice” has been filed with the INPI under number 3691335 for categories no. 16, 21, 29, 30, 41 and 43.

Any commercial or non-commercial use, including downloading, copying, reproducing, distributing, transmitting, broadcasting, adapting, translating or depicting the entirety or part of the Website, particularly its overall structure or logo, or the aforementioned brands, by any current or future means, across any current or future media, with previous written consent by the Establishment or representatives, is strictly forbidden and is likely to lead to legal proceedings, most notably for counterfeiting.

In general, any full or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any media, is strictly forbidden without the Establishment’s express and prior consent.

The same applies to any combination or conjunction with any other brand, symbol, logo, and more generally any distinctive sign used to create a composite logo. The same is true for any copyright, drawing, model or patent, which are the property of the Establishment, companies within its group, or their management.

Databases hosted on the Website are protected by the provisions of Articles L341-1 et seq. of the French Code of Intellectual Property. It is especially forbidden to extract and reuse, quantitatively or qualitatively, content from the databases hosted on the Website. Any infringer risks sanctions as referred to in Articles L343-1 et seq. of the French Code of Intellectual Property.

It is strictly forbidden to use any software to download the Website’s content, except for robots used by companies operating web-search engines.

 

14  DATA PROTECTION
In the framework of its Services, the Establishment happens to collect private data from its Visitors and Buyers, which is necessary for the good operation of the Website and its Services.

By creating a profile, and placing an Order, the Buyer agrees that the private data given to the Establishment is processed for recording and shipping the Order or booking.

The Establishment collects and processes private data with the utmost confidentiality, respecting its charter for private data processing, available at the following address: https://www.perebise.com/politique-de-confidentialite/

The Establishment does not transfer this private data to a third party without the express consent of the Buyer or Visitor, except when this private data is necessary for its business partners to process the Order, delivery of the products ordered by the Buyer, and/or the booking.

Private data collected by the Establishment is neither sold nor transferred to third parties outside these specific provisions.

The Visitor or Buyer’s private data shall not be used for market research purposes without their explicit consent.

Pursuant to the French Law on Information Technology and Individual Freedom of January 6th, 1978, as well as GDPR regulation (EU) 2016/679, the Buyer holds an access, rectification and retraction right to their private information.

If the Buyer does not wish to receive sales solicitations via email from the Establishment, they can notify the latter by:

•      clicking on the unsubscribe link in the footer of “NEWSLETTER” emails;

•      addressing a formal request to unsubscribe via the contact form accessible at the following address: https://www.perebise.com/en/contact/.

The Establishment keeps this information for 5 years following final delivery of its products or after the Booking. Private data for which archiving is compulsory (accounting, delivery slips, etc.) shall be stored for the mandatory duration under the applicable regime.

Private data rights shall be exercised with the Establishment:

•       via mail: ODYLAC, a simplified joint-stock company with a sole partner and a capital of €200,000, with headquarters located at 1903 – L’AUBERGE DU PÈRE BISE – JEAN SULPICE Route du port 74290 TALLOIRES-MONTMIN, FRANCE;

•       via email: reception@perebise.com

•       via the contact form available at the following address: https://www.perebise.com/en/contact/.

 

15   COOKIES
To ensure the good functioning of the Website, the Establishment may use cookies on the Visitor or Buyer’s web browser.

For statistical purposes, the Establishment may collect browsing information by means of these cookies.

The Visitor or Buyer is free to accept or refuse cookies by setting up their web browser (deactivation of all or some cookies – refer to the web browser’s instructions or help function for more information).

Deactivating cookies may result in the unavailability of specific Services on the Website.

Furthermore, the Visitor or Buyer can, at any time, oppose the recording of cookies or delete cookies already saved on their computer by setting up privacy options in their web browser (e.g.: Tools > Delete my traces > Cookies, on Mozilla Firefox, and Tools > Delete browsing history > Delete cookies, on Microsoft Internet Explorer).

The CNIL’s (French agency regulating data protection) website also details how to manage and delete cookies on a web browser.

These explanations are available at the following address: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

Furthermore, the Visitor or Buyer is free to agree or refuse cookies through the cookie banner that automatically pops up upon their arrival on the Website.

This banner contains an exhaustive list of cookies used on the Website, and allows the Visitor or Buyer to accept them or not, on an individual basis.

 

16   FORCE MAJEURE
The delivery of its duties by the Establishment will be suspended in case of a fortuitous or force majeure event, which would prevent or delay the delivery.

The Establishment will notify the Buyer of such fortuitous or force majeure event within eight business days starting from the date when the event occurs.

If the Establishment suspends delivery of its duties for longer than fifteen business days, the Buyer is allowed to rescind their open Order and the Establishment will refund the Order.

 

17  INVALIDITY
Should any of the provisions of these General Terms and Conditions prove invalid with regard to a current law or legal decision that becomes final, it shall be deemed as not written, without resulting in the invalidity of these General Terms and Conditions nor altering the validity of its other provisions.

 

18 INDEPENDENCE OF PARTIES
No Party can make a commitment on behalf of the other Party. Furthermore, each of the Parties is solely responsible for their own allegations, commitments, provisions, products and employees.

 

19  NON-WAIVER
Should either of the Parties not claim the application of any clause of these General Terms and Conditions, this may not be interpreted as a waiver by this Party of their obligations deriving from the said clause.

 

20 NOTIFICATIONS
Any notification arising in the framework of this Contract will be considered as completed if transmitted to the following addresses:

·    To the Establishment: via registered letter to the following address: ODYLAC, a simplified joint-stock company with a sole partner and a capital of €200,000, with headquarters located at 1903 – L’AUBERGE DU PÈRE BISE – JEAN SULPICE Route du port 74290 TALLOIRES-MONTMIN, FRANCE;

·    To the Visitor/Buyer: via the email address entered upon creation of their profile, when placing their Order or making their booking.

 

21  JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions are subject to French law.

These General Terms and Conditions were originally written in French, and then translated to English.

Pursuant to the provisions of Article L612-1 of the French Consumer Code:

“A consumer has the right to turn, free of charge, to a consumer ombudsman to reach an amicable solution to their dispute with a professional.”

Disputes that fall within the scope of Article L612-1 of the French Consumer Code are the disputes defined in Article L611-1 of the French Consumer Code, namely contractual disputes regarding the fulfilment of the sales contract or delivery of services, which oppose a consumer and a professional. The text covers both national and transnational disputes.

For any issue, please contact us first:

·         ODYLAC, a simplified joint-stock company with a sole partner and a capital of €200,000, with headquarters located at 1903 – L’AUBERGE DU PÈRE BISE – JEAN SULPICE Route du port 74290 TALLOIRES-MONTMIN, FRANCE;

·         Via email: reception@perebise.com

Any User residing outside of FRANCE agrees that disputes arising from the execution or interpretation of these General Terms and Conditions, and more generally from accessing the Content or Services, are subject to French law and French courts.

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