General Terms and Conditions of Sales

PREAMBLE

I-/ Definitions

The terms below shall have the following meanings in these General Terms and Conditions of Sale:

Gift certificate: means the document containing the offer, the place, the validity number, the validity date and the description allowing the beneficiary to take advantage of an offer within an establishment. The gift certificate may be issued and delivered by post or in electronic format. Confirmation or follow-up messages may be sent by email or text message.

Gift box: means the packaging used for a gift certificate sent by post.
A gift box contains the following:
– A gift certificate with a description of the service offered (and shown on the website).
– A folder in which the gift certificate is packaged.
For the digital version, the gift certificate may only be printed from an e-mail.
The gift boxes are available in a variety of themes, such as "Gastronomy", "Short Breaks" etc.
The Hotel AU NID DE CIGOGNES reserves the right to add to the list of gift boxes available for sale or to stop distributing them at its sole discretion and at any time.

Establishment: means the company issuing the gift certificate, which is responsible for collecting payment, invoicing, delivery tracking, compliance of the service and all obligations relating to the offer.

Beneficiary: means the person using the gift certificate.

Service: means all the services provided by the establishment to the beneficiary. This is the service provided by the establishment from the selection of offers on the website, subject to the establishment's availability on the dates chosen by the beneficiary.

Customer: means the person who buys a gift certificate, with the understanding that the customer may or may not be the beneficiary of the service depending on whether it is for personal use or intended for another beneficiary.

Party/Parties: means the Customer and/or the "Le Nid de Cigognes" Hotel

Site: means the website: www.nid-de-cigognes.fr

II-/ General Terms and Conditions of Sale

Gift vouchers designed by the Hotel AU NID DE CIGOGNES are available online at: nid-de-cigognes.fr
The Hotel Au Nid de Cigognes is a limited liability company with capital of 675,000 euros, whose registered office is at 2 route de Colmar 68150 Ostheim, listed in the Register of Companies under number 394 078 521 00017 and APE business code APE 55.10 Zp. Intra-Community VAT number Fr 6039407852100017.
You are invited to read carefully and in full these General Terms and Conditions of Sale which define the terms and conditions under which the Hotel Au Nid de Cigognes sells its gift vouchers.

These General Terms and Conditions of Sale shall only apply to gift certificate orders placed by email, directly by telephone: +33 (0)3.89.47.91.44, or at the establishment's front desk.
These terms and conditions shall apply to the exclusion of all other terms and conditions, in particular those in force for in-store sales.
If the origin of the offer is identified on a distributor site, the sale shall be made by the establishment and not by the distributor.
These General Terms and Conditions of Sale are valid from 12 November 2012. They cancel and replace all previous versions of these conditions.

The Hotel Au Nid de Cigognes reserves the right to modify these General Terms and Conditions at any time, without prior notice, with the understanding that such modifications shall not apply to orders previously accepted and confirmed by the Hotel Au Nid de Cigognes.

All customers declare that they have the legal capacity, in accordance with Article 1124 of the French Civil Code, to enter into a contract and use the site in accordance with the General Terms and Conditions of Sale and Use of the site.

ARTICLE 1: PROCEDURE FOR PLACING ORDERS AND FORMATION OF THE CONTRACT

You can order your gift boxes directly from us:

  • by email: hotelauniddecigognes @wanadoo.fr
  • by telephone +33 (0)3.89.47.91.44 seven days a week.
  • or directly at the hotel

ARTICLE 2: CONDITIONS OF USE FOR GIFT CERTIFICATES AND LIABILITY

2.1: If you are not going to use the gift certificate personally, you are invited to inform the beneficiary of the terms and conditions set out below.

2.2: For the gift certificate to be valid, it must be activated. To activate the gift certificate, please contact the Hotel Au Nid de Cigognes at the following number: +33 (0)3.89.47.91.44

2.3: Service(s) may only be provided upon presentation of the original gift certificate received by post or printed from the email.

2.4: The gift certificate entitles the recipient to the Services provided by the Hotel Au Nid de Cigognes as indicated on the Site, whether by means of a booking made online or directly with the establishment.

2.5: The gift box is valid on the dates and days of the week specified on the gift certificate.

2.6: Gift certificate services do not include transport to the selected establishment.

2.7: Photographs shown in the gift box are non-contractual. Reproduction in whole or in part is prohibited.

2.8: The service shall be delivered once the establishment has checked that the gift certificate is valid and has been paid for in full. To do so, the establishment shall check the gift certificate number to verify that the certificate has been correctly activated.

2.9: The provision of the Service is subject to the specific conditions of the selected establishment, particularly for the cancellation or modification of the booking, the age limit and the physical conditions of the beneficiary or beneficiaries.

2.10: The establishment shall be solely responsible for the proper performance of the service. The distributor and the Hotel Au Nid de Cigognes cannot be held liable for the performance of the service. Notwithstanding, the Hotel Au Nid de Cigognes shall do its utmost to find an amicable solution to any dispute between the establishment and the beneficiary.

2.11: Subject to certain conditions, the gift certificate may be exchanged during its period of validity. For details of the exchange procedure, please refer to Article 10 of these General Terms and Conditions.

2.12: If the gift certificate is not used within its period of validity, or if it is lost, stolen or destroyed, the beneficiary may not be entitled to a refund or compensation of any kind. However, if a beneficiary is unable to use the gift voucher within the period of validity, we invite them to contact the establishment.

2.13 The Hotel Au Nid de Cigognes declares that it holds professional liability insurance for amounts that are known to be sufficient for the provision of services and that it holds all authorisations and professional qualifications required for it to carry out its activities in an appropriate manner and in compliance with the legal and regulatory provisions in force.

However, beneficiaries are advised to check that they have sufficient personal insurance cover, particularly for certain "high-risk" sporting activities. Beneficiaries are reminded that the provision of services in appropriate safety conditions does not exempt them from observing and exercising the basic rules of care for sporting activities, particularly those classified as "high-risk". Beneficiaries accept the risks accordingly.

ARTICLE 3: PRICES AND TERMS OF PAYMENT

Article 3.1: Prices

Prices of the gift boxes posted on the website are those in force on the day the order is placed.

Gift boxes are not subject to VAT.

Delivery costs, as defined in Article 6.4, for the delivery of Hotel Au Nid de Cigognes gift boxes are not included in the price, unless expressly stated otherwise by the hotel. Consequently, these costs are charged in addition and indicated in our general terms and conditions of sale. Delivery charges are subject to VAT at the rate of 19.6%.

Article 3.2: Terms of payment

Payment may be made by credit card (Carte Bleue, Visa, Eurocard/Mastercard) or by cheque made out to the hotel. The full amount of the order shall be charged to the credit card on the day the order is placed. The Hotel Au Nid de Cigognes reserves the right to suspend any processing of the order if your bank declines the payment transaction.

ARTICLE 4: RIGHT OF WITHDRAWAL

Under the terms of Article L.121-20 of the French Consumer Code, when buying a gift certificate you have seven (7) clear days in which to exercise your right of withdrawal without having to justify your decision or pay any penalties, with the exception of the cost incurred for returning the certificate.

You shall be liable for the costs of return. Refunds shall be given only for gift boxes and gift certificates that are returned on time and in perfect condition (gift boxes returned without the gift certificate, damaged or soiled will not be accepted).

Gift boxes must be returned to the following address:
Service Clients Hôtel Au Nid de Cigognes, 2, route de Colmar, 68150 OSTHEIM - FRANCE.

Any return made in accordance with the provisions of this Article shall give rise to a refund of the full amount paid, at the latest within thirty (30) days of receipt of the gift box in perfect condition.

ARTICLE 5: PROOF OF ORDERS/ELECTRONIC RECORDS

You are expressly informed that, except in the event of a manifest error for which you can provide proof, data stored in the databases of the Hotel Au Nid de Cigognes shall have evidential value with regard to orders placed.

Data stored regularly on IT or electronic media shall constitute admissible and enforceable evidence in the same terms and with the same evidential value as any document that is received and stored in writing.

ARTICLE 6: DELIVERY

Article 6.1: Availability of gift certificates

Gift certificates from the Hotel Au Nid de Cigognes are issued in limited quantities, due to the limited capacity of the hotel and the limited validity period of the certificates.

In the event of a temporary or permanent shortage in the available number of certificates, the customer shall be informed of this unavailability and the order will not be processed.
If the products are available, the Hotel Au Nid de Cigognes undertakes to honour all gift certificate orders placed by the customer.

If an order cannot be fulfilled because it is out of stock, you have two options:

  • Either, you may cancel your order. You will then be given a refund in full within thirty (30) days of payment,
  • Or, you may exchange the gift certificate(s) under the conditions provided for in Article 10.

Article 6.2: Place of delivery

The Hotel Au Nid de Cigognes only sends gift boxes to France, Belgium, Luxembourg, Switzerland, and Germany.

The gift boxes shall be delivered to the address you indicate when placing your order. The Hotel Au Nid de Cigognes cannot accept liability in any way whatsoever if you are absent at the time of delivery or if you have incorrectly entered any personal data when placing the order. It is your responsibility to contact the Hotel Au Nid de Cigognes in accordance with the conditions provided for in Article 11.

Article 6.3: Delivery methods and times

Deliveries are made by post.

Unless otherwise stated on the site, delivery times, which vary according to the method of payment, are as follows:
Three (3) days after receipt of payment

However, if there is a clear delay, the Hotel Au Nid de Cigognes undertakes to do its utmost to check and correct any malfunction in the transport service for which it is responsible.

It should be noted that there are no deliveries on Saturdays or Sundays.

Article 6.4: Postage costs

Postage is charged at a flat rate according to the price of the boxes as follows:

  • For standard delivery in France:
  • Order of 1 gift box: €2 (VAT included)
  • Order of 2 to 3 gift boxes: €2 (VAT included)
  • Order of 4 to 10 gift boxes: €4 (VAT included)

ARTICLE 7: NON-COMPLIANCE

Article 7.1: Reservations to be made to the carrier in the event of damage or missing items

The Customer must carefully check all gift boxes at the time of delivery and indicate any reservations on the carrier's delivery note in the event of partial or total deterioration.

The Customer must also notify the carrier of any reservations by registered letter within 72 working hours of receiving the disputed gift box, stating the reasons for the reservations.

If there are no reservations, the product is deemed to have been delivered in good condition and no subsequent claim may be made with the Hotel Au Nid de Cigognes.

Article 7.2: Gift box error

The customer must report any errors relating to the gift boxes ordered by letter or email (using the "Contact" section of the Site) within 72 working hours of receipt of the order.

Any claim not made in compliance with the provisions of this Article may not be considered and shall release the Hotel Au Nid de Cigognes from any liability with regard to the customer.

ARTICLE 8: ASSIGNMENT OF TITLE/RISK

The assignment of title and risks shall take place when the gift box(es) is (are) delivered to the customer.

ARTICLE 9: VALIDITY OF GIFT BOXES

Gift boxes have a limited period of use as indicated on the gift certificate.

ARTICLE 10: CUSTOMER SERVICE - COMPLAINTS

Any other request for information or clarification should be addressed to the Hotel Au Nid de Cigognes:

  • either by telephone at +33 (0)3.89.47.91.44
  • or via our website: nid-de-cigognes.fr in the "Contact" section,
  • or by post at the following address:
    Hôtel Au nid de cigognes
    2, route de Colmar
    68150 OSTHEIM - FRANCE

ARTICLE 11: SEVERABILITY OF THE CONTRACT

If, at a given time, the gift box does not enforce one of clauses of these General Terms and Conditions of Sale, this shall not be interpreted as a waiver by the Hotel Au Nid de Cigognes of the subsequent enforcement of any of the said General Terms and Conditions of Sale.

If any provision of these General terms and Conditions of Sale is declared void, invalid or unenforceable, all remaining provisions shall remain in full force and effect.

ARTICLE 12: APPLICABLE LAW

These General Terms and Conditions of Sale and the contract entered into when ordering a gift box, as well as any disputes relating, inter alia, to their validity, interpretation, performance or termination shall be governed by French law.

ARTICLE 13: JURISDICTION (SETTLEMENT OF DISPUTES)

Any dispute arising from this contract shall be brought before the court with jurisdiction where the establishment is located.

ARTICLE 14: ONLINE BOOKING

Cancellation free of charge up to D-3. If cancelled less than 3 days before arrival: the first night's stay shall be charged and deducted.