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GENERAL TERMS AND CONDITIONS OF USE AND SALE OF THE SITE

 

lamarcairie.fr

 

I. GENERAL CONDITIONS OF USE


ARTICLE 1. LEGAL INFORMATION

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its creation and monitoring.

The lamarcairie.fr website is published by :

Mr Denis Graff, whose registered office is located at the following address: 5, rue du Griesheimerberg 67450 LAMPERTHEIM, and registered at ________.

Telephone: 0681215984/ E-mail address: lamarcairie@gmail.com.


The site's publication director is: Mr Denis Graff.


The lamarcairie.fr website is hosted by :

www.wix;com - WIX - 500 Terry A François Blvd CA 94158 San Francisco +1 415-639-9034
Data Protection Officer: Denis GRAFF - lamarcairie@gmail.com

hereinafter referred to as the "Host".


ARTICLE 2. PRESENTATION OF THE SITE

The purpose of the lamarcairie.fr website is :

to present the chalets de la Marcairie, holiday cottages for seasonal rental.


ARTICLE 3. CONTACT

For any question or request for information concerning the site, or any report of illegal content or activities, the user may contact the editor at the following e-mail address: lamarcairie@gmail.com or send a registered letter with acknowledgement of receipt to : Mr Denis Graff - 5, rue du Griesheimerberg 67450 LAMPERTHEIM


ARTICLE 4. ACCEPTANCE OF THE CONDITIONS OF USE

Access to and use of the site are subject to acceptance of and compliance with these General Conditions of Use.

The publisher reserves the right to modify, at any time and without prior notice, the site and services as well as these Terms of Use, in particular to adapt to changes in the site by making new features available or deleting or modifying existing features.

Users are therefore advised to refer to the latest version of the GTCU, which can be accessed at any time on the site, before browsing. In the event of disagreement with the GCU, the user may not use the site.


ARTICLE 5. ACCESS AND BROWSING

Access to and use of the Site are reserved for persons of legal age. The publisher is entitled to request proof of the user's age by any means.

The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, it may at any time suspend, limit or interrupt access to the site or to certain pages thereof in order to carry out updates, modifications to its content or any other action deemed necessary for the proper operation of the site.

Connecting to and browsing the lamarcairie.fr website implies unreserved acceptance of these General Conditions of Use, regardless of the technical means of access and the terminals used.

These Terms of Use apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.


ARTICLE 6. SITE MANAGEMENT

For the proper management of the site, the publisher may at any time:

Suspend, interrupt or limit access to all or part of the site, restrict access to the site, or to certain parts of the site, to a specific category of Internet user;

Delete any information that may disrupt its operation or contravene national or international laws or the rules of Netiquette;

Suspend the site in order to update it.


ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS


1. REGISTRATION

Access to certain services, and in particular to all paid services, is subject to registration by the user.

Registration and access to the site's services are reserved exclusively for individuals of legal age who have completed and validated the registration form available online on the lamarcairie.fr site, as well as these General Conditions of Use.

When registering, the user undertakes to provide accurate, sincere and up-to-date information about themselves and their civil status. The user must also regularly check the data concerning him/her in order to maintain its accuracy.

The user must provide a valid e-mail address, to which the site will send confirmation of registration for its services. An e-mail address may not be used more than once to register for services.

Any communication sent by lamarcairie.fr and its partners is therefore deemed to have been received and read by the user. The user therefore undertakes to regularly check messages received at this e-mail address and to reply within a reasonable time if necessary.

Only one registration to the site's services is permitted per individual.

The user will be given an identifier enabling him/her to access an area reserved for him/her (hereinafter referred to as the "Personal Area"), in addition to entering his/her password.

The user name and password can be changed online by the user in the Personal Area. The password is personal and confidential, and the user undertakes not to communicate it to third parties.

In any event, lamarcairie.fr reserves the right to refuse a request to register for services if the user fails to comply with the provisions of these General Conditions of Use.


2. DEREGISTRATION

Regularly registered users may at any time request to unsubscribe by visiting the dedicated page in their Personal Area. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.


3. DELETION OF THE PERSONAL SPACE AT THE SITE EDITOR'S INITIATIVE

Users are hereby informed that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and in particular in the following cases:

If the User makes unlawful use of the site;

If the User, when creating his/her personal space, voluntarily transmits incorrect information to the Site;

If the user has not been active on his/her personal space for at least one year.

Should the publisher decide to delete the user's personal space for one of these reasons, this will not constitute a loss for the user whose account has been deleted.

Such deletion shall not constitute a waiver of any legal action that the publisher may take against a user who has contravened these rules.


ARTICLE 8. RESPONSIBILITIES

The publisher is only responsible for the content that it has itself published.

The publisher is not liable:

In the event of technical or IT problems or failures or the compatibility of the site with any hardware or software whatsoever;

Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;

The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and security of information circulating on it;

Illegal content or activities using the site, without the user having been duly informed, in accordance with Law no. 2004-575 of 21 June 2004 on confidence in the digital economy and Law no. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness or topicality of the information published on it.

The user is responsible for :

The protection of their equipment and data;

The use they make of the site or its services;

If he/she does not comply with the letter or spirit of these GCU.


ARTICLE 9. HYPERTEXT LINKS

The site may contain hypertext links to other websites over which lamarcairie.fr has no control. Despite prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that may be found on these sites.

The publisher authorises the creation of hypertext links to any page or document on its site, provided that these links are not created for commercial or advertising purposes.

In addition, the publisher of the site must be informed before any hypertext link is set up.

Excluded from this authorisation are sites disseminating information of an illicit, violent, controversial, pornographic or xenophobic nature or which may offend the sensibilities of a large number of people.

Finally, lamarcairie.fr reserves the right to remove at any time a hypertext link pointing to its site, if the site considers that it does not comply with its editorial policy.


ARTICLE 10. CONFIDENTIALITY

1. DATA COLLECTED AND PROCESSED, AND METHOD OF DATA COLLECTION

In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of data from users of the site complies with the following principles:

Lawfulness, fairness and transparency: data may only be collected and processed with the consent of the user who owns the data. Whenever personal data is collected, the user will be informed that his or her data is being collected and for what purpose;

Limited purposes: the collection and processing of data is carried out to meet one or more of the purposes set out in these general conditions of use;

Minimisation of data collection and processing: only the data necessary for the proper execution of the objectives pursued by the site are collected;

Conservation of data reduced in time: data is kept for a limited period, of which the user is informed. If the storage period cannot be communicated to the user;

Integrity and confidentiality of the data collected and processed: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.


In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, personal data may only be collected and processed if at least one of the following conditions is met:

The user has expressly consented to the processing;

The processing is necessary for the proper performance of a contract;

The processing complies with a legal obligation;

The processing is necessary in order to protect the vital interests of the data subject or of another natural person;

Processing may be necessary for the performance of a task carried out in the public interest or in the exercise of official authority;

The processing and collection of personal data are necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.


The personal data collected on the lamarcairie.fr website is as follows:

First name, Last name    
e-mail address  
Telephone          
Postal address

This data is collected when the user carries out one of the following operations on the site:

request for information   
booking

Furthermore, when a purchase is made on the site, the user is informed that the seller will keep proof of the transaction in its computer systems, including the order form and the invoice.

The data controller will keep all the data collected in its computer systems on the site under reasonable security conditions for a period of : 5 years, unless the user requests its deletion before the expiry of this period.

When personal data is recorded, the user is informed of the period for which his or her data will be kept, and when this period cannot be specified, the site editor informs the user of the criteria used to determine it.

Data is collected and processed for the following purposes:

the management and follow-up of requests for information, reservations and the sending of information concerning the chalets of La marcairie.


2. DATA HOSTING

As mentioned above, the lamarcairie.fr website is hosted by :

The lamarcairie.fr website is hosted by :

www.wix;com - WIX - 500 Terry A François Blvd CA 94158 San Francisco +1 415-639-9034

 

3. THE DATA CONTROLLER

The person responsible for processing personal data is: Mr Denis Graff. He can be contacted as follows:

request made by e-mail to the address: lamarcairie@gmail.com

 

4. USER RIGHTS AND PROCEDURES FOR EXERCISING USER RIGHTS

In accordance with the regulations concerning the processing of personal data, the user has the rights listed below.

In order for the data controller to comply with the user's request, the user must provide the data controller with the following information: the user's first name, surname and e-mail address and, if relevant, the user's account number or personal or subscriber area number.

The data controller is obliged to respond to the user within a maximum of 30 (thirty) days.

a. Right of access, rectification and right to be forgotten

The user may access, update, modify or request the deletion of data concerning him/her, by following the procedure set out below:

send an e-mail with the subject of the request to the site editor at the following address: lamarcairie@gmail.com

If they have one, users have the right to request the deletion of their personal space by sending their request by e-mail to the following address: lamarcairie@gmail.com

b. Right to data portability

Users have the right to request the portability of their personal data held by the site to another site, in accordance with the following procedure:

the user must make a request for information portability to the site editor by sending an e-mail to the above address.

c. Right to limit and object to data processing

Finally, the user has the right to request the limitation of or to object to the processing of his/her data by the site, without the site being able to refuse, unless it can demonstrate the existence of legitimate and overriding reasons, which may prevail over the interests and rights and freedoms of the user.

d. Right to determine the fate of data after death

Users are reminded that they can organise what should happen to their collected and processed data if they die, in accordance with law no. 2016-1321 of 7 October 2016.

e. Right to refer the matter to the competent supervisory authority

In the event that the data controller decides not to respond to the user's request, and the user wishes to challenge this decision, the user is entitled to refer the matter to the CNIL (Commission Nationale de l'Informatique et des Libertés, https://www.cnil.fr) or any competent judge.


5. OBLIGATIONS OF THE DATA CONTROLLER

The data controller undertakes to protect the personal data collected, not to pass it on to third parties without the user's knowledge and to respect the purposes for which the data was collected.

The site has an SSL certificate to guarantee that information and data transfer via the site are secure.

In addition, the data controller undertakes to notify the user in the event of rectification or deletion of the data, unless this would entail disproportionate formalities, costs or steps for the user.

In the event that the integrity, confidentiality or security of the user's personal data is compromised, the data controller undertakes to inform the user by any means necessary.


ARTICLE 11. INTELLECTUAL PROPERTY

The structure of the site, as well as the texts, graphics, images, photographs, sounds, videos and computer applications that make it up, are the property of the publisher and are protected as such by the intellectual property laws in force.

Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of articles L. 335-2 et seq. of the French Intellectual Property Code. With the exception of elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.

It is forbidden for the user to introduce data onto the site that would modify or be likely to modify its content or appearance.


ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.

The lamarcairie.fr website wishes you an excellent browsing experience!

 

 

II. GENERAL TERMS AND CONDITIONS OF SALE


PREAMBLE

The site is published by the seller, Mr Denis Graff, at the following address: 5, rue du Griesheimerberg 67450 LAMPERTHEIM.

Seller's individual intra-community identification number: FR 44 418 671 152

The seller's activity is subject to the regulated regime for furnished seasonal rental.

The purpose of the following provisions is to define the general conditions of sale on the lamarcairie.fr website.

These general terms and conditions of sale (hereinafter "GTCS") define the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products.

The GSC govern exclusively the relationship between the seller and the customer.

The GTCS express the entirety of the obligations of the parties. The customer is deemed to accept them unreservedly, failing which the order will not be validated.

In the event of any doubt about any of the terms and conditions of sale, the practices in force in the distance selling sector by companies whose registered office is in France and the Consumer Code shall apply.

The seller reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online.


ARTICLE 1. ONLINE CATALOGUE

Through the website, the vendor provides the customer with an online catalogue accurately presenting the chalets offered for rental and the services offered for sale, without the photographs having any contractual value.

The chalets and services are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in the presentation.

Chalets and services are offered subject to availability.

The prices and taxes relating to the rental of chalets or the sale of services are specified in the online catalogue.


ARTICLE 2. PRICES

The seller reserves the right to modify its prices at any time by publishing them online.

Only the prices in force at the time of the order will apply, subject to availability of the products on that date.

Prices are indicated in euros (exclusive of tax and inclusive of all taxes).

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will automatically be reflected in the price of the products in the online catalogue. If one or more taxes or contributions, particularly environmental, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.

The total amount of the order (including all taxes) is indicated before final validation of the order form.

Payment of the price must be made: either in full when the order is placed, or in the form of a deposit corresponding to 25% of the total price when the order is placed, in which case the balance must be paid no later than 10 days before the rental date.


ARTICLE 3. ONLINE ORDERING

The customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.

By clicking where indicated, the customer must accept these general terms and conditions of sale for the order to be validated.

The customer must provide a valid e-mail address and postal address and hereby acknowledges that any exchange with the seller may take place via this address.

The customer must also choose and validate the method of payment.

The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem with the customer's account, until the problem has been resolved.


ARTICLE 4. ORDER CONFIRMATION AND PAYMENT

This is an order with a payment obligation, which means that placing the order implies payment by the customer.

 

1. PAYMENT

The customer makes the payment at the time of the final validation of the order by specifying his/her bank card number.

The customer guarantees the seller that he/she has the necessary authorisation to use this method of payment and acknowledges that the information given for this purpose is proof of his/her consent to the sale and to the payment of the sums due for the order.

In the event of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute within 70 days from the date of the transaction by sending a complaint in the following manner, so that the seller will bear the costs of the sale and return the disputed sum, by e-mail to the following address: lamarcairie@gmail.com.

Any claim not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the seller from all liability.

The seller has set up a procedure for verifying orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including by requesting identification data from the customer.

In the event of refusal to authorise payment by bank card by the accredited organisations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.


2. CONFIRMATION

As soon as the purchase and payment have been validated by the customer, the seller will send confirmation of receipt of the order form and a copy of the contract to be printed out to the e-mail address specified by the customer.

The seller is obliged to send the customer an invoice once the order has been paid for in full.

The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to Customer Services (see contact details below) prior to delivery.

In the event of the unavailability of a rental or service ordered on the site, the seller will inform the customer by e-mail as soon as possible in order to cancel the order for this product and refund the related price or to propose an alternative solution, in particular, for a rental or service, another date, taking into account availability.

The customer may always exercise his right of withdrawal within 14 days of being informed of the unavailability of the product.

For any question relating to the tracking of an order, the customer may contact customer service by e-mail at the following address:             
lamarcairie@gmail.com


ARTICLE 5. ELECTRONIC SIGNATURE

In accordance with the provisions of Law no. 2000-230 of 13 March 2000, the on-line provision of the purchaser's bank card number and the final validation of the order constitute proof of the customer's agreement, of the payability of the sums due under the order form, and of the signature and express acceptance of all the operations carried out.


ARTICLE 6. PROOF OF TRANSACTION

Communications, orders and payments made between the customer and the seller may be proven by means of computerised registers kept in the seller's computer systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.


ARTICLE 7. METHOD OF PAYMENT

All the methods of payment available to the customer are listed on the seller's website. The customer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when placing the order.


ARTICLE 8. UNAVAILABILITY OF PRODUCTS AND REIMBURSEMENT

If a product ordered is unavailable, the customer will be informed by e-mail.

The customer will have the option of cancelling the order and will thus have the choice between a refund of the sums paid by the customer within 30 days of their payment at the latest, or will be able to change the rental dates depending on availability.


ARTICLE 9. RIGHT OF WITHDRAWAL

The customer may exercise his/her right of withdrawal within 14 working days of making the reservation.

The customer may exercise this right by contacting customer services by e-mail at the following address: lamarcairie@gmail.com

Any withdrawal in accordance with the rules set out above and within the time limit set will not be taken into account and will release the seller from any liability towards the customer.

The customer may request a refund of the order, without penalty.

The seller must reimburse the customer for all sums paid within 14 days of the customer's withdrawal.


ARTICLE 10. FORCE MAJEURE

The parties will be exonerated from their obligations in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the French Civil Code prevents their performance. The obligations of the parties will be suspended.

The party invoking such a circumstance must notify the other party immediately, as soon as it occurs or disappears.

The following are considered to be cases of force majeure: all irresistible and unforeseeable events or circumstances that are unavoidable and that cannot be prevented by the latter, despite all reasonable efforts, defined as such by French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stoppage of telecommunications networks.

If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.


ARTICLE 11. PARTIAL NULLITY

If one or more stipulations of these general terms and conditions of sale are declared null and void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain all their force and scope.


ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION

The seller is established in France in a stable and lasting manner in order to carry out its activity effectively, whatever the location of its registered office in the case of a legal entity.

These GTC are therefore subject to French law, to the exclusion of the provisions of the Vienna Convention.

In the event of a dispute or claim, the customer shall first contact the seller to obtain an amicable solution.

In the absence of an amicable agreement, the customer, if contracting as a consumer, may bring proceedings before the court of his choice and, if contracting as a professional, may bring proceedings before the court for the location of the seller's registered office.
 

 

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