General sales conditions

PREAMBLE

I-/ Definitions

For the purposes of the present General Terms and Conditions of Sale, the below terms are defined as follows: 

Gift Voucher: The document that includes the offer, location, identification number, expiry date, and the description so that the offer can be used at an establishment. The Gift Voucher may be sent by post or through the internet. Confirmations and file tracking may be sent via email or SMS alerts. 

Gift Box: The packaging sent by post.

 

A Gift Box contains the following:   

-  A Gift Voucher with a description of the service offered (which is on the Website).  

-  An envelope containing the Gift Voucher. 

The electronic version of the Gift Voucher is sent by email, and must be printed. 

The Gift Boxes defined as such come in various themes such as "Gastronomy", "Stays", "Wellness", etc.

The Hotel Metropole Monte-Carlo reserves the right to sell new Gift Boxes and to stop distributing them at its sole discretion at any given time. 

Establishment: The company that issues the Gift Voucher which assumes responsibility for collection, billing, tracking deliveries, service compliance, and all obligations related to the offer.

My Box Factory: The online software licence that enables the establishment to offer these services and manage and track these offers.

Ogone: The company responsible for transaction security and payment.

Recipient: The person who uses the Gift Voucher. 

Service: The entire package that the establishment offers to the recipient. This is the service that the establishment using the MY BOX FACTORY solution provides to the recipient. The solution is selected from the range of offers on the Website, subject to availability in the establishment on the dates that the recipient chooses. 

Customer: The person who buys a Gift Voucher, with the understanding that the customer might or might not be the recipient of the service, depending on whether the Customer will personally use the voucher, or give it to another recipient.

Party(ies):  Hotel Metropole Monte-Carlo  

Website: The http://metropole-monte-carlo.secretbox.fr/ website

Personal information: Any piece of data, especially on the internet that can be used to either directly or indirectly identify a natural person (first or last name, email address).

Cookies: Small files that are sent to the User's computer hard disk. These files are designed to help the User navigate the Website and to offer the pages that are the best suited for the User during his or her next visit to the Website.

 

II-/ General Terms and Conditions of Sale

Gift Vouchers from the Hotel Metropole Monte-Carlo are available online with obligation for payment at the URL address: http://metropole-monte-carlo.secretbox.fr/

The Hotel Metropole Monte-Carlo is a limited liability “SAM” company with capital of 150 000  Euros, with headquarters at  4 avenue de la Madone, BP 19, MC 98007 Monaco Cedex, Monaco, registered under the RCI 81 S 1850 and SSEE 551 A 02741 numbers

Please carefully read the present General Terms and Conditions of Sale in full, which define the terms and conditions under which   the Hotel Metropole Monte-Carlo sells its Gift Vouchers.

The present General Terms and Conditions of Sale thus apply only to Gift Vouchers that are ordered on the http://metropole-monte-carlo.secretbox.fr/  Website, directly by telephone:  +377 93 15 15 15, or at the reception area of the establishment.

These terms apply to the exclusion of all other terms, notably those applicable to in-store sales.  

If the origin of the offer is identified on a distributor Website, the sale is conducted by the establishment and not by the distributor. 

The present General Terms and Conditions of Sale are valid from June 13th 2014. As from this date they nullify and replace all previous versions of these terms and conditions, and prevail over any other Customer terms and conditions of sale. 

The Hotel Metropole Monte-Carlo reserves the right to modify the present General Terms and Conditions at any given moment without prior notice, with the understanding that such modifications will not be applicable to orders that have been accepted and confirmed by  the Hotel Metropole Monte-Carlo beforehand.

All Customers declare that, in compliance with Article 1124 of the French Civil Code, they have the legal capacity to contract and use the Website as per the General Terms and Conditions of Sale and of use of the Website.  

 

ARTICLE 1: ORDER PLACEMENT PROCESS WITH PAYMENT OBLIGATION AND CONTRACT CREATION

You can directly place your Gift Box orders:  

•    Through the internet on the http://metropole-monte-carlo.secretbox.fr/ Website.

•    By telephone:  +377 93 15 15 15.

•    Or directly with the establishment. 

 

The procedure for placing orders on the Website includes the following steps:  

•    Selecting one or several Gift Boxes on the website.

•    Following this selection, there will be a summary of     all the products selected and the total price of the selected Gift Boxes, your contact information, shipping charges (for orders sent by post), and your payment method. You can use this summary to check the details of your order and make modifications as necessary before your order will be definitively saved.

•    Your "first click" will save your order, provided that you have expressly agreed to the present General Terms and Conditions of Sale.

•    Your order will be saved only after your final confirmation, through your "second click".  

•     For orders paid by payment card, the payment details will be saved during the "second click". However, your contract will be definitively concluded only after your card issuer has accepted the payment.  

•     From the definitive confirmation of your order (through your "second click"), we will send you an order confirmation email summarising all the information pertaining to the order. Printing and/or saving this email serves as proof of your order.  

•    Once one or several Gift Vouchers have been ordered, the orderer will have access to an interface for tracking orders. 

 

ARTICLE 2: GIFT VOUCHER TERMS AND CONDITIONS OF USE AND RESPONSIBILITY 

2.1: In the event that you are not the recipient of the Gift Voucher, do inform the recipient of the terms and conditions described below. 

2.2: The Gift Voucher must be authenticated in order to be valid. To authenticate your voucher, call    the Hotel Metropole Monte-Carlo at:  +377 93 15 15 15

2.3: Service will be provided only after presentation of the original of the Gift Voucher received by post or an email printout of the voucher.  

2.4: The Gift Voucher entitles its holder to Services the Hotel Metropole Monte-Carlo  as indicated on the Website, through either an online reservation or directly from the establishment. 

2.5: The Gift Box is valid for the dates and the days of the week indicated on the Gift Voucher.  

2.6: Gift Voucher services do not include transport to the service location of the selected establishment.  

2.7: The photos in the Gift Box are non-contractual.  Any partial or complete reproduction is prohibited.  

2.8: For reservations made offline, the service will be delivered after the establishment has verified the validity of and the full payment of the Gift Voucher. During this verification, the establishment checks the Gift Voucher number in order to confirm that the voucher can actually be activated. 

2.9: Service provision is subject to the specific terms and conditions of the selected establishment, notably with respect to cancellation or modification of the reservation, age restrictions, and the physical conditions of the recipient(s).  

2.10: The establishment is solely responsible for satisfactory performance of the service. The distributor and    the Hotel Metropole Monte-Carlo will not be held responsible on the grounds that they perform the service.   The Hotel Metropole Monte-Carlo will however do its will however do its utmost to find an amicable solution
utmost to find an amicable solution to the dispute between the establishment and the recipient.   

2.11: In the event that the Gift Voucher is not used during its period of validity, or is lost, stolen, or destroyed, the recipient may not claim reimbursement or compensation of any kind. However, in the event that the recipient cannot use the Gift Voucher in the specified period, we suggest the recipient to contact the establishment.  

2.12:  The Hotel Metropole Monte-Carlo declares that it has professional civil liability insurance for amounts that are clearly sufficient for the provision of services, and has all the authorizations, accreditations and qualifications that allow it to regularly exercise its activities in compliance with the applicable legal and regulatory requirements.

However, the recipient should check that he or she has adequate insurance coverage, especially for certain sports activities considered as "risky". The recipient is reminded that the fact that services may be provided in proper safety conditions does not exclude him or her from exercising basic caution in sports activities, especially activities considered as "risky". The recipient thus accepts the risks.  

 

ARTICLE 3: PRICES AND TERMS AND CONDITIONS OF PAYMENT

Article 3.1: Price

The Gift Box prices on the Website are the applicable prices the day that the order is placed.  

The Gift Boxes are not subject to VAT.  

Shipping charges as defined in Article 6.4 for sending   the Hotel Metropole Monte-Carlo boxes are not included in the price, unless    the Hotel Metropole Monte-Carlo has made express mention of including them. These charges are thus billed as a supplement and specified prior to final confirmation of the order.  

Shipping rates are subject to 20% VAT.  

 

Article 3.2: Payment terms and conditions

Orders may be paid by payment card according to the following terms and conditions:  

•    By a payment card that is on the payment method page (Carte Bleue, Visa, Eurocard/Mastercard). In the relevant field, type your card number, expiration date, and security code that is on the back of the card. The entire amount of the order will be charged to the card issuer the day of the order. The Hotel Metropole Monte-Carlo reserves the right to suspend order processing in the event that your card issuer refuses to authorize the payment.  The service Ogone will ensure the secure and confidential transmission of your card details during your order (secure SSL encryption). 

 

ARTICLE 4: RIGHT TO RETRACT

As per Article L.121-21 of the French Consumption Code, when you purchase a Gift Voucher, you have 14 clear days (As from the date of reception of the product) to exercise your right to retract without providing a reason, nor incurring penalties, with the exception of return charges. 

A retraction form will available on the following address: www.metropole-monte-carlo.secretbox.fr/retraction

You will be responsible for return charges. To be eligible for reimbursement, only Gift Boxes and Gift Vouchers that have been returned on time and in perfect condition (Gift Boxes that are returned without the Gift Voucher, or that are damaged or soiled, will not be accepted) may be reimbursed. 

The Gift Boxes must be returned to the following mailing address:  

Hotel Metropole Monte-Carlo, 4 avenue de la Madone, BP 19, MC 98007 Monaco Cedex, Monaco 

All returns that comply with the terms and conditions of the present article are eligible for full reimbursement (with the exception of the expenses of express delivery), within fourteen days of receipt of the Gift Box in perfect condition, at the latest, by check or credit transfer, what you declare to accept without reserve 

 

ARTICLE 5: PROOF OF ORDER/ARCHIVING

You are expressly informed that the data saved in the Hotel Metropole Monte-Carlo database has probative force with respect to placed orders, unless you provide proof of an obvious error.   

Digital and computer data that is periodically saved constitute admissible and opposable evidence with the same conditions and with the same probative force as any written document which would have been received and saved. 

 

ARTICLE 6: DELIVERY

Article 6.1: Availability of Gift Vouchers

The Hotel Metropole Monte-Carlo Gift Vouchers are limited edition products, partly due to limited accommodation capacity, and partly due to the limited validity period of the Gift Vouchers. 

In the event that the item is temporarily or definitively out of stock, the Customer will be informed of this unavailability, as this would prevent the order from being completed.

If the products are available, the Hotel Metropole Monte-Carlo commits to executing all of the Customer’s Gift Voucher orders.   

If an order cannot be executed because the item is out of stock, you may cancel your order. In the event of cancellation, you will be fully reimbursed within 30 days from the time of payment, at the latest.

 

ARTICLE 6.2: Delivery location

The Hotel Metropole Monte-Carlo only ships Gift Boxes to EUROPE.  

The Gift Boxes will be delivered to the address you provided at the time of ordering. The Hotel Metropole Monte-Carlo will thus not be in any way held responsible if you are absent at the time of delivery, or if you made a mistake when you placed your order. It is incumbent upon you to contact the Hotel Metropole Monte-Carlo as per the terms stipulated in Article 11.  

 

ARTICLE 6.3: Delivery method and times

•    LA POSTE will deliver your order within 30 days at the most, from the time the Customer places the order. 

•    You will receive an email confirming that your order has been shipped. This email will contain the transporter tracking number that you can use to track your order.  

However if there is an obvious delay, the Hotel Metropole Monte-Carlo commits to taking all the relevant measures for controlling and settling any delivery service problem under its responsibility. 

Remember that Gift Boxes cannot be delivered on Saturdays and Sundays. 

Electronic shipping: The Customer may have a Gift Voucher electronically sent to a recipient. In order to do this, the Customer will need to check the electronic shipping option. The Gift Voucher will then be sent to the recipient as a downloadable PDF. The recipient will need to print the Gift Voucher and show it to the reception desk of the establishment so that the service can be provided. 

 

Article 6.4: Shipping expenses

Shipping charges are included in the Gift Box price for the standard delivery mode, via traceable mail delivered by the  French postal service (« lettre suivie » delivered by « La Poste »).

 

ARTICLE 7: NON-CONFORMANCE

Article 7.1: Reservations regarding damaged or missing items to be reported to the transport company.

The Customer must thoroughly examine each Gift Box delivered, and any potential reservations must be reported on the transport company slip in the event of partial or total damage, or missing items. 

The Customer must also inform and explain reservations by recorded delivery letter within 72 business hours (Monday through Friday, excluding holidays) from receipt of the disputed Gift Box.  

In the absence of reservations, the product is deemed as delivered in good condition with all product items ordered, and will not be eligible for subsequent dispute with   the Hotel Metropole Monte-Carlo.

 

Article 7.2: Wrong Gift Box

The Customer must report any mistake in the ordered Gift Boxes by post or email ("Contact" section of the Website), within 72 business hours of receiving the order.  

Any claim that does not follow the rules of the present article and that is not made within the specified time period will not be considered and will free   the Hotel Metropole Monte-Carlo of any responsibility with respect to the customer.   

 

ARTICLE 8: PROPERTY TRANSFER/RISK TRANSFER

The property and risks will be transferred when the Gift Box(es) is(are) delivered to the Customer.  

 

ARTICLE 9: PERIOD OF VALIDITY OF THE GIFT BOXES

The Gift Boxes have a limited validity period. The Gift Voucher specifies this period.  

 

ARTICLE 10: CUSTOMER SERVICE-CLAIMS

Any other request for information or further details must be sent to    the Hotel Metropole Monte-Carlo:

•   Either by phone at   +377 93 15 15 15

•   Or on the Contact section of our Website on http://metropole-monte-carlo.secretbox.fr/

•   Or by post at the following address: 

Hotel Metropole Monte-Carlo, 4 avenue de la Madone, BP19, MC 98007 Monaco Cedex, Monaco 

 

ARTICLE 11: CONTRACT INTEGRITY – MODIFYING THE CONTRACT

If the Hotel Metropole Monte-Carlo does not invoke one of the clauses of the present General Terms and Conditions of Sale, this may not be interpreted as    the Hotel Metropole Monte-Carlo waiving the right to invoke one of the said terms or conditions at a later time.   

In the event that one of the present clauses is declared void or deemed as unwritten, the validity of the other clauses of the General Terms and Conditions of Sale will not be called into question. 

Any amendment, cancellation, or relinquishment of any of the clauses of the General Terms and Conditions of Sale will require the express agreement of the Parties in order to be valid.

 

ARTICLE 12. - INTELLECTUAL PROPERTY RIGHTS 

The Establishment's brand name, all the illustrated logos and brand names, and generally speaking, all the brands, illustrations, images, and logos on the Gift Boxes and Gift Vouchers, their accessories and packaging, whether they are registered trademarks or not, are and will remain the exclusive property of the Establishment. 

Reproduction in whole or in part, modification, or use of these brand names, illustrations, images and logos, for any reason and on any medium, without the prior express approval of the Establishment, is strictly prohibited, and would most likely lead to the Establishment filing a lawsuit. 

The above also applies to any combination or association of any other brand, symbol, logo, and any distinctive sign meant to constitute a composite logo. Likewise, the same applies to royalties, drawings, models and patents that the Establishment owns.

 

ARTICLE 13. - DATA CONFIDENTIALITY 

The requested information on the Customer is required to process the Order.

In the event the Customer agrees to provide specific data of a personal nature pertaining to himself or herself, the Customer is entitled to access, withdraw, and correct this data as per the terms of French Computing, Files, and Freedoms Act n° 78-17, dated 6 January 1978. The Customer must send all written requests to the below address:

Hotel Metropole Monte-Carlo, 4 avenue de la Madone, BP19, MC 98007 Monaco Cedex, Monaco 

When the Customer sets up his or her account on the Website, the Customer has the option of choosing whether or not to receive offers from the Establishment or its partners.

 

ARTICLE 14. – ACT OF GOD - FORCE MAJEURE 

In the event of an Act of God or force majeure which could disturb or delay the Establishment's execution of the stipulations of the present General Terms and Conditions of Sale, the execution of the obligations by the Establishment will be suspended. 

The Establishment will inform the Customer of the Act of God or force majeure within 15 days from the start of the event. 

If the suspension of the Establishment's obligations lasts over 60 days, the Customer may cancel the pending Order. In this case, the Establishment will reimburse the Customer for the Order according to the conditions of Article 6.

 

ARTICLE 15: APPLICABLE LAW

French law governs the present General Terms and Conditions of Sale and the contract concluded when a Gift Box is ordered, for all related litigation, with particular respect to their validity, interpretation, execution, and cancellation.

 

ARTICLE 16: COMPETENT JURISDICTION (DISPUTE SETTLEMENT)

In the event of litigation, the court in the official residence of the defendant is the competent court. Alternatively, at the plaintiff's request, the court located in the actual delivery place of the Gift Box may be used.