WWW.LABOUTIQUESIBLU.FR LEGAL INFORMATION
You are on the website: www.laboutiquesiblu.fr
The site www.laboutiquesiblu.fr and all of its constituent parts are the property of SIBLU FRANCE, a simplified joint stock company with a capital of €2,819,200, the head office of which is at 10 Avenue Leonard de Vinci 33600 Pessac, SIRENE no. 321 737 736, entered in the Bordeaux Trade Register, tel.: 00 33 (0)5 56 07 90 17, email: contact@siblu.fr, represented by its chairman Mr Leslie Hurst.
In accessing the site you unreservedly agree to the terms and conditions set out below. If you do not intend to comply with these terms and conditions, please cease to view this page and the pages of the site.
SIBLU reserves the right to amend this document at any time. As such we recommend that you regularly check the most recent applicable version.
Publication manager
The publication manager for the site www.laboutiquesiblu.fr is Ms Nathalie Olivier.
Undertaking by the site www.laboutiquesiblu.fr
The content of the site complies with existing law, including as follows:
• The act of freedom of the press prohibiting the posting online of any written word, image or sound of a defamatory nature;
• In accordance with article 227-24 of the French Penal Code on the protection of minors, no message of a violent or pornographic nature or seriously violating human dignity, which could be seen or glimpsed by a minor may be posted on-line;
• No protected work or trade mark may be posted online without the agreement of its author, beneficiaries or licence-holder;
• In accordance with the act on trust in the digital economy (LCEN) of 22 June 2004, any individual named or referred to on the site has a right to reply. The request must be addressed to the publication manager no later than three months from the date on which the message giving rise to this request was made public. The reply is free of charge, and will be posted within three days of receipt of the request, but must under no circumstances exceed two hundred lines.
French Data Protection Act
Site users are required to adhere to the provisions of the French Data Protection Act, any violation of which may result in criminal sanctions. In particular, as regards nominative information to which they have access, they must refrain from its collection or improper use, and more generally, from any action liable to violate a person's privacy or tarnish his/her reputation.
Limitation of liability
SIBLU may not be held liable for any direct and/or indirect damage resulting from the use by customers of the site and/or any information contained in it.
The site www.laboutiquesiblu.fr may refer the user to other websites via hyperlinks. These links have been inserted in the site www.laboutiquesiblu.fr with the permission of the owners of the linked sites. In any event, SIBLU may not be held liable for the content of these sites, for which their owners bear sole responsibility. Any users wishing to insert a hypertext link on their own website to the site www.laboutiquesiblu.fril must first obtain written permission from SIBLU.
Certain dangers are inherent to the use of the internet and the user is warned of the need to take these potential risks into account (any infection by a computer virus, any bugs, reduced speeds, etc.) before consulting the site www.laboutiquesiblu.fr.
Hosting provider
The site www.laboutiquesiblu.fr is hosted by ONLINE, a simplified joint stock company with a capital of €214,410.50, SIRENE number 433 115 904, entered in the Paris Trade Register, domiciled at 8 Rue de la Ville L’Evêque 75008 PARIS, VAT number: FR 35 433115904
Right to access, amend, rectify or remove data
Users are entitled to access, amend, rectify or remove data about them in accordance with articles 39 and 40 of the French data protection act of 6 January 1978 amended by the act of 6 August 2004. To exercise this right you can contact SIBLU directly by email: contact@siblu.fr, or by letter: SIBLU, 10 Avenue Leonard de Vinci 33600 Pessac, addressed to 'Service Gestion des données personnelles'.
Messages sent via the internet may be intercepted.
Do not divulge sensitive personal information. If you wish to provide us with confidential information, we advise you to send it by post.
Intellectual property and copyright
The content of this site is governed by French and international legislation on copyright and intellectual property.
SIBLU reserves all property and moral rights related to the documents of this site, notwithstanding any rights of the authors of works published on this site, in particular the rights of Mr Xavier Ecoeur, At Home Développement, 15 Bd Adrien Pressemane 87400 Saint Léonard de Noblat, who designed and developed this site using the software PCSoft WinDev®, WebDev®. In this respect, all rights to reproduce any content, including downloadable documents and iconographic and/or photographic representations, in electronic format or hard copy, are reserved.
Visitors to the website www.laboutiquesiblu.fr may not collect, capture, misrepresent or use the information to which they have access.
SIBLU will take legal action against anyone attempting to misuse site content.
Use of cookies
SIBLU hereby informs you that the website www.laboutiquesiblu.fr makes use of cookies.
We wish to install a cookie on your computer. A cookie does not allow us to identify you; however, it records any information about browsing on our site from your computer (the pages you have viewed, the date and time viewed etc.), which we can then read when you visit again.
We hereby notify you that you may disable cookies by changing your browser settings as follows:
• For Microsoft Internet Explorer 6.0:
1. Choose the menu 'Tools' then 'Internet Options'.
2. Click on 'Confidentiality'
3. Select the required level using your cursor.
• For Microsoft Internet Explorer 5:
1. Choose the menu 'Tools' then 'Internet Options'.
2. Click on 'Security'
3. Select 'Internet' then 'CustomLevel'
4. Find the 'cookies' section • and choose the option you wish.
• For Netscape 6.X and 7.X:
1. Choose the menu 'Edit' > 'Preferences'
2. Confidentiality and Security
3. Cookies
• For Firefox:
1. Choose the menu 'Tools' > 'Options'
2. Click on the option 'Privacy '
3. 'Cookies' section
• For Opera 6.0 and above:
1. Choose the menu 'File' > 'Preferences'
2. Privacy.
Automated processing of personal data on www.laboutiquesiblu.fr
In accordance with the French Data Protection act of 6 January 1978, amended by the act of 6 August 2004, as well as the implementation decree of 17 July 1978, and article 43 of the amended act of 30 September 1986, the site has been registered with the CNIL (French data protection commission).
SIBLU is the data protection manager. Any personal data collected is for the sole purpose of supplying the user with the products and services offered by SIBLU, including the issuing of Fun Passes and useful products for holidaymakers, and will not be used for purposes not stipulated in this legal information. Any responses requested are thus strictly necessary. Should users fail to provide a response or give an incomplete response, they may not be supplied with the requested product or service. Emails and nominative data sent to SIBLU are retained for a maximum of three years from the end of the commercial relationship, or collection, as regards users who are not customers, in accordance with simplified standard no. 48 adopted by the CNIL (French data protection commission) in resolution no. 2012-209 of 21 June 2012.
Electronic commerce
By accessing the site, you unreservedly agree to the defined terms and conditions, including the general terms and conditions of sale (please refer to these before placing any order). If you do not intend to comply with these terms and conditions, please cease to consult this page and the pages of the site.
Non-sharing of the customer database
SIBLU is the sole recipient of personal data and will not share its customer database.
Contact
Contact us for any information at: contact@siblu.fr. Thank you for your interest in our site, and we hope you enjoy browsing it.
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GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE PROVISION
SIBLU ONLINE STORE
ARTICLE 1: Purpose
1.1 Parties. The purpose of these general terms and conditions of sale is to govern contractual relations between SIBLU FRANCE, a simplified joint stock company with a capital of €2,819,200 having its head office at 10 Avenue Leonard de Vinci 33600 Pessac, SIRENE no. 321 737 736, entered in the Bordeaux trade register (RCS), tel: 00 33 (0)5 56 07 90 17, email: contact@siblu.fr, represented by its chairman Mr Leslie HURST, hereinafter SIBLU and any customer, for products sold or services supplied through its website www.laboutiquesiblu.fr.
1.2 Agreement to the terms and conditions of use. In applying to open a customer account and confirming the online order form on the SIBLU website, customers fully and unreservedly agree to these general terms and conditions.
1.3 Scope and content of the general terms and conditions. These general terms and conditions apply to any sale of products and provision of SIBLU services via its website at the address www.laboutiquesiblu.fr, subject to any specific conditions that may amend or add to them.
1.4 Amendments to general terms and conditions of sale. These general terms and conditions of sale may be amended by SIBLU at any time without notice.
ARTICLE 2: Offering
2.1 Website. The website www.laboutiquesiblu.fr, as well as the digital catalogue featured in it, containing descriptions of the products and services sold and their unit prices, make up the SIBLU offering. Any other documents, including prospectuses, advertisements or notices, are for the purposes of information only and have no contractual value.
2.2 Descriptions of products and services. Products and services are described with the greatest possible accuracy; the website may, where relevant, refer to terms and conditions of use for the services on offer, particularly as regards Fun Passes and the leasing of goods. In confirming an order, customers acknowledge and agree to these terms and conditions of use. Photographs, graphic representations and illustrations on the site are for the purposes of information only and are not contractually binding upon SIBLU.
2.3 Prices. Prices stated on the website are inclusive of taxes. Prices may be changed at any time, particularly in the event of a change in fiscal or economic data.
2.4 Validity of the offering. SIBLU's offering remains valid as long as it is accessible on the website, without prejudice as to the specific validity of the information provided.
2.5 Factual errors. Customers hereby acknowledge that under no circumstances may SIBLU be held liable for any mistakes in descriptions or pricing, whatever the damage suffered by a customer. Despite every precaution taken by SIBLU, an item shown as available for ordering may sometimes display an incorrect price. When processing the customer order, the price is checked; if the actual price is lower than the price displayed on the site, the difference is refunded to the customer as quickly as possible, either by a personal cheque, or, if the customer agrees, in the form of a credit note against a future order; in the opposite case (price displayed lower than the actual price), customers have the option of cancelling the order if they do not agree to the new pricing terms. In this case, customers are refunded by a personal cheque.
2.6 Product availability. The orders are agreed by SIBLU within the limit of available stock. This availability is given for the purposes of information on each item offered for sale. A product may become unavailable due to the volume of orders placed for it. In this case the customer is notified by email as quickly as possible. SIBLU may then, with the customer's agreement, supply a replacement product of equivalent quality and price. If SIBLU is unable to supply the customer with a product of equivalent quality and price, notably because such goods are permanently unavailable, or if the customer refuses, the order will be cancelled and the customer will receive a refund, within thirty days, of any payment already made. With the customer's agreement, instead of a refund by cheque, SIBLU may offer a credit note against a future order.
ARTICLE 3: Orders
3.1 Prerequisites. In order to access SIBLU products and services sold in the store, customers must have declared a stay, if they are owners, or have been declared as the main occupant, if they are tenants. This allows them to obtain a user name and password for the purposes of identification and secure payment.
3.2 Ordering on the SIBLU website. After entering the stay number and name of the main occupant, customers can add the desired products to their basket; they can also modify the quantities. Customers then click 'confirm' and a new page opens where they are asked to confirm their order and contact details. Customers then click 'confirm' and an order summary appears; customers may change any items up to this point. Customers then click 'confirm' and reach an online payment page where they choose their payment method. They are redirected to a dedicated online payment page, where they are asked to fill in their bank details. Under no circumstances are the customer's card details retained by the vendor site, which sends them for payment to the sites of the online payment service providers. The contract is deemed to have been definitively concluded when the customer confirms payment. The service provider's automatic recording systems are considered proof of the nature and date of the agreement. Customers then receive rapid confirmation of their order by email.
3.3 Invoices. In placing the order customers expressly agree to receive electronic invoices. The invoices are available in the section 'My Purchases'. The parties expressly agree that the provision of this section is tantamount to the invoices being sent.
3.4 Archived contracts. Contracts binding the parties are archived on the SIBLU site. Customers may access them at any time by logging onto the site and entering their login details into the relevant section (my account).
ARTICLE 4: Redeeming the order
4.1 Redeeming the order at the holiday site. Customers' orders are not delivered to their home or headquarters but redeemed at one of the SIBLU holiday sites; more specifically, the order (Fun Passes, vouchers entitling the holder to the performance of services required by the customer and/or the products ordered) is redeemed at the customer's holiday site, which he/she has pre-entered on the order form upon arrival, or on a date that has been mutually agreed by the customer and SIBLU. The customer signs a withdrawal slip.
4.2 Delays. Customers are not entitled to cancel the service provision contract, the sale or reject services or products due to a delay or postponement of the initially agreed redemption date; a new date is simply suggested to the customer; nor may such delays entitle the customer to a deduction, penalty, compensation or damages.
4.3. Complaints. In order to be valid, any complaints must be sent by recorded letter with proof of receipt to the SIBLU head office, as indicated below, within forty-eight (48) hours of receiving the products or services ordered. If no complaint has been recorded within this deadline, the services, products and delivery are deemed to have been definitively and completely accepted by the customer. Any problems with an order raised by customers do not entitle them to suspend payment.
4.4 Suspension of performance. In the event of the non-respect of the payment terms detailed below or of any other specific payment terms or terms of use for the services ordered, after notice given by SIBLU to the customer by recorded letter with proof of receipt has remained without response forty-eight (48) hours after receipt, SIBLU reserves the option of suspending the performance of any existing or future contract.
ARTICLE 5: Terms of payment
5.1 Principle: ordering on the site. Unless otherwise agreed, products and services ordered are paid for in full without any discount, in advance, when the order is placed, by bank card via the SIBLU website.
5.2 Place of payment. In any event, whatever the payment method used, including for deposits, the place of payment is the SIBLU head office.
5.3 Late payment penalties/incidents. If these or any specifically agreed terms of payment are not adhered to, a legal surcharge will be applied as a late payment penalty from the day following the payment due date stated on the invoice, amounting to three times the legal interest rate on the day the payment becomes due. Penalties are calculated on the amount including tax and are payable without any reminder being necessary. If customers have failed to meet their obligations in respect of a previous order (non-payment or late payment or failure to meet any of the obligations imposed on them by this agreement) they may be refused the sale or the service unless they provide sufficient guaranties or payment in full. In addition, any late payment will entail a flat-rate indemnity of €40 in accordance with article L441-6 of the French Commercial Code.
ARTICLE 6: Obligations of the parties
6.1 General. It is hereby agreed that in any circumstances, SIBLU has the obligation to act only on a 'best endeavours' basis. Customers agree only to use the products sold and any services ordered for lawful purposes; they undertake to pay the agreed price as well as any sums due under this agreement. Customers shall acknowledge that they have been notified of the essential characteristics of the products sold and/or services supplied and declare that the products or services ordered meet their requirements perfectly.
6.2 Absence. Any customer who is not present during the stay for which they have placed a Fun Pass order or other services loses any sums paid to SIBLU. The customer may not request or obtain a refund from SIBLU, which will retain any sums paid as compensation.
6.3 Failure to discharge. If customers fail to discharge any of their obligations under this agreement or any other contractual document, this may result in the legal termination of such agreements, at SIBLU's discretion, after notification sent to the customer by recorded letter with proof of receipt has remained without response forty-eight (48) hours after receipt, without prejudice to any damages or other sums that may be claimed by SIBLU by way of compensation. In any event, any sums paid to SIBLU shall be retained.
ARTICLE 7: Cooling-off period
7.1 Principle. Customers should note that under the terms of article L121-20 of the French Consumer Code, in the case of distance contracts, consumers have seven full days to exercise their right to terminate the contract without having to give a reason or pay any penalties, with the exception, where relevant, of return postage costs which remain payable by the customer under this agreement. The cooling-off period begins with the receipt of the goods, or the acceptance of the offer in the case of services. If the cooling-off period expires on a Saturday or a public holiday, it is carried over to the next business day.
7.2. Exception. Customers/consumers should also note that, under article L121-20-42° of the French Consumer Code, provisions relating to the cooling-off period do not apply to contracts covering accommodation, transport, catering or leisure services which are to be supplied on a specific date or at a specific frequency. In this respect, as regards any services to be supplied during a holiday at a holiday site, customers/consumers are hereby expressly notified that in this case they are not entitled to a seven-day cooling-off period.
However, customers are entitled to a contractual cooling-off period during which they may receive a refund for their order, if their stay is cancelled, by sending a recorded letter with proof of receipt to SIBLU at least seven calendar days prior to the start of their stay. The customer then receives a refund, by any method, within 30 days of receipt of the cancellation letter. Similarly, customers will receive a refund as above if that they are unable to take up their stay, or have to shorten their stay due to a serious incident, such as the death of a family member or an accident. The customer must attach evidence of the incident to their written request for a refund.
ARTICLE 8: Non-transferability of service contracts
The customer may not transfer the Fun Pass in exchange for payment ('resale), whoever the intended recipient may be.
ARTICLE 9: Liability
9.1 Indirect damages. Under no circumstances is SIBLU liable for indirect damages caused by the sale of products or the provision of services.
9.2 Limitation of liability. In any event, the amount of damages which the customer may claim in the event that SIBLU is found to be liable is limited to the amount actually received by SIBLU for the order giving rise to the dispute.
ARTICLE 10: Retention of title clause
Products ordered remain the property of SIBLU until customers have paid the price in full. However, customers assume risks for the products upon taking possession of them. In the event of failure to pay the price by the agreed date, SIBLU may recover the items in the order, without notice, at the customer's expense, notwithstanding any legal action; in this case, customers have no right to object. If the customer has resold the items in the order without having paid the full price, the customer undertakes to notify any buyer of this retention of title clause affecting the relevant goods and the SIBLU's right to recover either the goods in question or their price. In any event, any deposits paid shall be retained by SIBLU by way of compensation.
ARTICLE 11: Force majeure
By mutual agreement, unforeseen circumstances or force majeure events shall result in the suspension of SIBLU's contractual obligations without its liability being incurred, including all-out or partial strikes impairing its own operations or the operations of any of its suppliers, sub-contractors, staff members or carriers; the interruption of transport services; power cuts, or interrupted internet connection or access.
ARTICLE 12: Being quoted as a reference
Customers shall expressly agree to being cited and, where relevant, for their trade mark and/or logo to be reproduced in any SIBLU document or website as a customer reference.
ARTICLE 17: Applicable law/language and disputes
These general terms and conditions and more generally any contractual relationship between SIBLU and the customer are subject to French law. Contracts are only available in French on the SIBLU website. Any dispute relating to their performance and/or interpretation, if not resolved amicably within two (2) months of one of the parties notifying their co-contractor by recorded letter with proof of receipt, shall be submitted by the most diligent party to the Bordeaux court with jurisdiction.
ARTICLE 18: Election of domicile/Waiver
For the purposes of this and any future agreements, SIBLU and the customer shall respectively elect domicile at their head office or domicile indicated in this document and at the time the order is placed.
Any failure by SIBLU to invoke any clauses within this agreement at any time does not imply that it has waived its right to invoke these clauses at a later date.
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