General terms and conditions of sale

Article 1- Preamble

Article 1.1. Designation of the seller

The Mulhouse and its region Tourist Office and Convention Bureau, a registered association whose head office is located at 1, avenue Robert Schuman 68100 MULHOUSE, registered in the register of travel and holiday operators under number IM 068100022, SIREN identifier n°778 939 272.
Telephone: 03 89 35 48 48
Email address: info@tourisme-mulhouse.com
(Hereinafter, “the Tourist Office”)
Professional liability insurance:
GENERALI IARD- 2 RUE PILLET-WILL, 75009 PARIS CEDEX, FRANCE
Financial guarantee: APST- 15 AVENUE CARNOT, 75017 PARIS CEDEX, FRANCE
Hereinafter referred to as “the Tourist Office”

Article 1.Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the marketing by the Tourist Office of tourist services provided directly by the Tourist Office or by partner service providers, to persons having the status of consumers or non-professionals within the meaning of the Consumer Code or travelers within the meaning of the Tourism Code and having the legal capacity to contract (hereinafter referred to as “the Customer(s)”).

Article 1.3. Definitions

Customer: natural person having the quality of consumer or non-professional within the meaning of the Consumer Code, or traveler within the meaning of the Tourism Code, who contracts with the Tourist Office under these general conditions of sale.

Provision: travel service or tourist package within the meaning of Article L. 211-1 of the Tourism Code.

Online contract: contract concluded within the framework of the purchase of service(s) on the website of the Tourist Office.

Distance contract: any contract concluded between a professional and a consumer, within the framework of an organized system of sale or provision of services at a distance, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more remote communication techniques until the conclusion of the contract, excluding the website of the Tourist Office.

Durable medium: any instrument enabling the consumer or the professional to store information addressed to him personally in order to be able to refer to it later for a period of time appropriate to the purposes for which the information is intended and which allows the identical reproduction of the information stored (Article L. 121-16 of the Consumer Code).

Article 2- Content and scope

These general terms and conditions of sale apply by right to the following services: packages, travel services ( which may include: tourist accommodation, visits, activities, ticketing, catering, transportation, assistance, concierge services, luggage storage or any other tourist service), event organization, room rental, equipment rental, entertainment and any other services relating to the organization of conferences.

They apply for sales on the Internet or by means of other distribution and marketing channels.

Any order or immediate purchase implies unreserved adherence to these general conditions of sale, which prevail over all other conditions, with the exception of those that have been expressly accepted by the seller.

The Customer declares to have read these general terms and conditions of sale and to have accepted them before his immediate purchase or order placement.

Article 3- Pre-contractual information

The Customer acknowledges to have had communication, prior to the placement of his order and/or the conclusion of the contract, in a legible and understandable way, of these general and particular terms and conditions of sale and of all the information listed in article L. 221-5 of the Consumer Code as well as Article R. 211-4 of the Tourism Code.

The Customer further acknowledges having been provided with the form taken pursuant to the Order of March 1, 2018 “setting the model information form for the sale of travel and stays” annexed to these general terms and conditions of sale.

Article 4 – Price

Article 4.1. Final price and additional taxes

The final price is announced in euros, all taxes included (TTC). However, in some cases, additional charges may be paid directly on site to the provider.

Specific provisions for group services:

The price includes only the services ordered. Any other service not included in the services ordered must be paid immediately and directly to the provider concerned.

Article 4.2. Payment methods

The Customer guarantees the Tourist Office that he has the authorizations that may be necessary to use the method of payment chosen by him, when validating the contract. The Tourist Office reserves the right to suspend any reservation management and any execution of services in case of refusal to authorize payment by credit card from officially accredited organizations or in case of non-payment of any sum due under the contract.

The Tourist Office reserves in particular the right to refuse to honor a reservation from a Client who has not fully or partially settled a previous reservation or with whom a payment dispute is being administered.

Payments made by the Client will be considered final only after actual receipt of the sums due by the Tourist Office.

Unless otherwise stated in the contract, the payment schedule is:

  • Payment of a 30% deposit at the time of booking
  • Payment of the balance thirty days before the start of the service.

For late bookings (less than thirty days before the start of the service), the full price will be due at the time of booking.

Specific provisions for group services:

Payment of the balance will be due no later than 45 days before the start of the service, unless otherwise specified on the quote. Failure to pay the balance within the specified time, will be considered a cancellation on the part of the group. The applicable cancellation fees will be those of the specific cancellation schedule for group services.

Payments by check will only be accepted if they can be cashed more than 45 days prior to the first day of performance.

Article 4.3. Price revision

The Tourist Office undertakes to apply the current rates indicated at the time of booking, subject to availability on that date, but reserves the right to modify its prices under the conditions set out in this article.

In accordance with Article L. 211-12 of the Tourism Code, the price may thus be modified upwards or downwards after validation of the reservation to take into account the evolution:

1° Of the price of passenger transportation resulting from the cost of fuel or other energy sources;

2° Of the level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the performance of the contract, including tourist taxes, landing taxes or embarkation and disembarkation taxes at ports and airports; or

3° Of exchange rates in connection with the contract.

The possible application of a price increase pursuant to the preceding paragraph will be notified in a clear and understandable manner to the Customer and accompanied by a justification and calculation, on a durable medium, no later than twenty days before the start of the services.

Versely, the Customer is entitled to a price reduction corresponding to any decrease in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay.

If the increase exceeds 8% of the total price of the travel package or service, the traveler may accept the proposed change, or request termination of the contract without paying termination fees and obtain a refund of all payments already made.

Article 5- Booking of service online

In the event that one or more services are booked online, the booking process is as follows:

  • The customer accesses the online interface and makes his or her booking with online payment.
  • Before making his payment and making a definitive reservation, he is provided with the pre-contractual information consisting of these GTCs and, if applicable, the standard information form,
  • The customer confirms his payment and reservation, this materializing the contract, confirmation
  • On receipt of the payment on account (or the full amount in the case of a reservation under the conditions defined in Article 4, the CTA proceeds with the reservation with the hotelier and the client receives his reservation confirmation.

Article 6- Off-line remote booking of services

In case one or more services are booked remotely off-line, the booking process is as follows:

  • The customer makes a booking request by email or telephone,
  • The CTA sends him an estimate by email, as well as pre-contractual information such as these GTCs and, if applicable, the standard information form,
  • On receipt of the signed estimate, the CTA pre-books the services and confirms to the customer by sending a contract and GTCs.
  • The customer returns them signed and accompanied by the deposit of 30% or the full price if the period is less than 30 days.

Article 7- Absence of right of withdrawal

Article L. 221-28 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or period. Article L. 221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages.

The Tourist Office takes advantage of this lack of right of withdrawal and indicates that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code.

The consumer or non-professional Customer will not have any right of withdrawal.

Article 8- Modification of the contract

Article 8.1. Modification at the initiative of the office

The Tourist Office has the possibility of unilaterally modifying the clauses of the Contract after its conclusion and before the start of the tourist service, and this without the Client being able to object, provided that the modification is minor and that the Client is informed as soon as possible in a clear, comprehensible and apparent manner on a durable medium.

If the Tourist Office is forced to unilaterally modify one of the main characteristics of the Contract within the meaning of Article R. 211-4 of the Tourism Code, that it cannot meet the particular requirements agreed with the Client, or in the event of a price increase of more than 8%, it shall inform the Client as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium: of the proposed changes and, if applicable, their impact on the price of the trip or stay; of the reasonable time period within which the Client must communicate to the Tourist Office the decision he/she is making; of the consequences of the traveler’s failure to respond within the set time period; if applicable, of the other service proposed, as well as its price.

When the changes to the contract or the alternative service result in a reduction in the quality of the trip or stay or in its cost, the traveler is entitled to an appropriate price reduction. If the contract is terminated and the Customer does not accept an alternative service, the Tourist Office will refund all payments made by or on behalf of the Customer as soon as possible, and no later than fourteen days after the contract is terminated.

Article 8.2 Modification at the client’s initiative

Any stay (packages, travel services (which may include: tourist accommodations, visits, activities, catering, transportation, assistance, concierge, luggage storage or any other tourist service), organization of events, room rental, equipment rental, entertainment and any other service related to the organization of congresses) abbreviated or not consumed due to the client will not give right to any refund or price reduction.

The office commits itself towards the client only on the services sold. The office will not be held responsible for:

  • any service subscribed to by the customer other than that invoiced by the office;
  • any modification of the services at the customer’s initiative.

Specific provisions for group services:

Any modification of the contract concluded is subject to the approval of the Tourist Office. Any approved modification will result in the collection by the Tourist Office of a flat fee of 15 € per file (file fees), in addition to any additional costs caused by this modification, which will have been previously brought to the attention of the customer.

Article 9- Termination of the contract

Article 9.1. Termination of the contract by the Customer

The Customer has the possibility to terminate the contract at any time, before the start of the service. For this cancellation to be valid, he must inform by email or by mail, within 48 hours at the latest before the beginning of the service.

The Tourist Office may then ask the Customer to pay cancellation fees, according to the following schedule:

  • If the cancellation occurs more than thirty days before the first day of the services, the deposit paid will be returned to the customer after deduction of the file fee per person.
  • If the cancellation occurs from thirty to twenty-one days before the first day of the services, a sum equivalent to 30% of the total price of the services will remain due to the Tourist Office.
  • If the cancellation occurs from twenty to eight days before the first day of the services, a sum equivalent to 50% of the total price of the services will remain due to the Tourist Office.
  • If the cancellation occurs from 7 days to 2 days before the first day of the services, a sum equivalent to 75% of the total price of the services will remain due to the Tourist Office.
  • If the cancellation occurs the day before the first day of the services or on the first day of the services, the full price of the services will remain due to the Tourist Office.

Specific provisions for group services:

Cancellation of the service for the entire group is considered a total cancellation.

Cancellation of the participation of one or more members of the client group is considered a partial cancellation. Cancellation fees will be calculated according to the cancellation schedule applicable to groups in proportion to the number of people no longer participating in the service.

The following cancellation fees will be required:

  • More than 45 days before the first day of execution of the services: flat-rate cancellation fee of 10 € per person,
  • Between 45 and 30 days before the first day of execution of the services: 70% of the total amount of the service,
  • Less than 30 days before the first day of execution of the services the full amount of the service is required.

This cancellation fee will not be due if the contract is terminated due to exceptional and unavoidable circumstances, occurring at the place of destination or in its immediate vicinity and having a significant impact on the performance of the contract. In this case, the Tourist Office will proceed to a full refund of the payments made, without, however, additional compensation.

Article 9.2. Termination of the contract by the Tourist Office

The Tourist Office has the possibility to terminate the contract at any time, before the start of the service.

In this case, the Tourist Office will proceed to a full refund of the sums paid by the Customer, minus the appropriate resolution costs. This refund shall take place no later than fourteen days after the termination of the contract.

The Customer shall be entitled to additional compensation, which corresponds to that which the Tourist Office would have had to bear if the termination of the contract had occurred due to the Customer, under Article 6.1 of these general terms and conditions of sale.

However, the Tourist Office will not be liable for any additional compensation, if the termination of the contract occurs in the following two cases:

  1. The number of persons registered for the trip or stay is lower than the minimum number indicated in the contract. In this case, the Tourist Office will notify the Customer by email or mail of the cancellation of the contract within the period specified in the contract, but no later than:
    – twenty days before the start of the trip or stay in the case of trips lasting more than six days;
    – seven days before the start of the trip or stay in the case of trips lasting two to six days;
    – forty-eight hours before the start of the trip or stay in the case of trips lasting no more than two days);
  2. The Tourist Office is prevented from executing the contract because of exceptional and unavoidable circumstances. In this case, the Tourist Office shall notify the traveler of the termination of the contract by email or in writing as soon as possible before the start of the trip or stay.

Article 10- Assignment of the contract Article

10.1. Possibility for the Customer to assign his contract

The Customer has the possibility to assign his contract to an assignee who meets the same conditions as him to make the trip or stay, as long as this contract has not produced any effect.

Article 10.2. Advance notice to assign the contract

The Customer may only assign his contract on the condition that he informs the Tourist Office of his decision by any means that allows for an acknowledgement of receipt no later than seven days before the start of the trip. This transfer is not subject, under any circumstances, to prior authorization by the organizer or the retailer.

Article 10.3. Solidarity of the transferor and the transferee

The transferor customer and the transferee are jointly and severally liable for the payment of the balance of the price and any additional costs that the transfer may generate.

Article 11- Legal guarantee of conformity

Article 11.1. Principle

The Tourist Office is the sole guarantor of the conformity of the services to the contract. The non-professional or consumer Customer has as such the possibility to make a request under the legal guarantee of conformity provided for in Articles L. 217-11 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code.

This guarantee covers defects of conformity or latent defects arising from a defect in the design or implementation of the services ordered under the conditions and according to the terms defined in the annex to these general conditions of sale.

Article 11.2. Implementation of the legal guarantee of conformity

The consumer or non-professional Customer must communicate to the Tourist Office the defects and/or lack of conformity as soon as possible after the provision of the services, in accordance with Article L. 211-16 II of the Tourism Code. This communication must be made without undue delay on the part of the Customer.

The defects and/or faults found will give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the importance of the non-compliance and the value of the travel services concerned.

In the event that the Agency proposes a substitute service or a price reduction, the traveler may refuse the alternative services proposed only if they are not comparable to what was provided for in the contract or if the price reduction granted is not appropriate.

The guarantee of the Tourist Office is limited to the reimbursement of the services actually paid by the consumer or non-professional Customer and the Tourist Office shall not be considered responsible or defaulting for any delay or non-performance following the occurrence of a case of force majeure.

The cost limitations do not apply to persons with reduced mobility, persons accompanying them, pregnant women, as well as unaccompanied minors and finally, persons requiring specific medical assistance.

Article 11.3. Contact details for contacting the Seller

In accordance with Article R 211-6, 4° of the Tourism Code, the Customer may quickly contact the Tourist Office at the contact details listed in Article 1.1. “Designation of the seller” of these general conditions of sale, in order to communicate with it effectively, request assistance if the Customer is in difficulty or complain about any non-compliance found during the execution of the trip or stay.

Article 12- Intellectual property

All technical documents, products, drawings, photographs given to buyers remain the exclusive property of the Tourist Office, the sole owner of intellectual property rights on these documents, and must be returned to him at his request. Customer buyers agree not to make any use of these documents, likely to infringe the industrial or intellectual property rights of the supplier and agree not to disclose them to any third party.

Article 13- Protection of personal data

Article 13.1. Data collected

As part of its activity of selling Stays and Tourist Services, the Seller implements and operates processing of personal data relating to Customers and Beneficiaries. As such, the Tourist Office collects your following personal data: surname, first name, address, email, cell phone number, date of birth.

In addition, in the context of the payment of services on the Internet, the Tourist Office records financial data relating to the user’s bank account or credit card.

Article 13.2. Purpose

The collection of this personal data is essential to the contractual execution and in case of refusal to communicate them, the Customer is exposed to difficulties in the execution of the service which cannot give rise to the engagement of the responsibility of the Tourist Office.

These personal data are collected for the exclusive purpose of ensuring the management of the Customer of the Seller within the framework of the conclusion of the contract and its execution, based on your consent. They are used only for the purposes to which the Customer has consented.

Article 13.3. Persons authorized to access the data

The persons authorized to access the data collected within the Tourist Office are the following: the management.

Article 13.4. Conservation of data

These personal data collected are kept for the legal retention period relating to the purpose of the processing and at most for 5 years.

The personal data relating to the Customer’s bank card are kept exclusively for the time necessary to complete the transaction. The Tourist Office implements organizational, technical, software and physical measures in terms of digital security to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Tourist Office cannot guarantee the security of the transmission or storage of information over the Internet.

The Tourist Office has formalized the rights and obligations of Clients and Beneficiaries with regard to the processing of their personal data within a document called Privacy Policy or RGPD, which is accessible at the following address: https://www.tourisme-mulhouse.com/mentions-legales/ and upon request from the Tourist Office.

Article 13.5. Rights of the holder of the data collected

In accordance with the applicable regulations on personal data, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his personal data. It is possible to request that such data be rectified, completed, clarified, updated or deleted.

These rights can be exercised by writing a signed letter to the Tourist Office, enclosing a copy of your identity document with your request.

At any time, the Customer may lodge a complaint with the CNIL in the manner indicated on its website.

Article 13.6. Modification of the Internet clause

The Tourist Office reserves the right to make any changes to this clause regarding the protection of personal data at any time. If a change is made to this personal data protection clause, the Tourist Office undertakes to publish the new version on its website, and will also inform users of the change by email, at least 15 days before the effective date.

Article 14- Language of the contract

These general terms and conditions of sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 15- Insurance

The Customer undertakes to hold and be up to date with his civil liability insurance to cover any damage he may cause. No insurance is included in the price of the services or offered by the Tourist Office.

Article 16- Minor children

General conditions of sale When minors, unaccompanied by a parent or other authorized person, are traveling on the basis of a contract for tourist services including accommodation, the person responsible for the minor must communicate for the conclusion of the contract information that allows direct contact to be established with the minor or the person responsible for the minor at the place of stay of the minor.

Tourism Article 17- Responsibility of the Office of Article

Article 17.1- Responsibility by right

The Tourist Office is responsible by right for tourist services contracted under these general conditions of sale.

The Tourist Office may, however, exempt itself from all or part of its liability by providing proof that the damage is attributable either to the Customer or to a third party foreign to the provision of the travel services included in the contract and is of an unforeseeable or unavoidable nature, or to exceptional and unavoidable circumstances.

The organizer, as well as the retailer, are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16.

Article 17.2. – Limitation of the liability of the Tourist Office

In accordance with Article L 211-17, IV of the Tourism Code, the amount of any damages that the Tourist Office would be ordered to pay to the Customer for any reason whatsoever, will be limited to three times the total price excluding taxes of the services, with the exception of bodily injury and damage caused intentionally or by negligence.

Article 18 – Exceptional and unavoidable circumstances

Any events that create a situation beyond the control of both the professional and the traveler and whose consequences could not have been avoided even if all measures had been taken thus preventing the performance under normal conditions of their obligations, are considered as causes of exoneration of the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.

The parties shall approach each other to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the aggrieved party.

Article 19- Assistance to the traveler

The Tourist Office is responsible for the proper performance of the services provided for in the contract. In this context, if the Customer is faced with difficulties, the Tourist Office will provide appropriate assistance as soon as possible, taking into account the circumstances of the case.

Article 20- Accessibility

Despite our best efforts, some services are not accessible to people with reduced mobility.

Article 21- Dispute Resolution

Article 21.1. Applicable Law

These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This is so for the rules of substance as for the rules of form. In the event of a dispute or claim, the Customer shall apply in priority to the Tourist Office to obtain an amicable solution.

Article 21.2. Mediation

The Customer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Customer may thus refer to the Tourism and Travel Mediator at BP 80 303- 75 823 Paris Cedex 17 or on www.mtv.travel in the event that a claim addressed to the Tourist Office has remained unanswered for 2 months.

Article 21.3. Online sale

In the event that the service has been purchased online by the Customer, the latter is informed that he has the option, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, to lodge a complaint and select a dispute resolution body on the following website:

https://webgate.ec.europa.eu/odr/main/index.cfm ?event=main.home.show&lng=EN

Article 21.4. Competent Jurisdiction

All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their aftermath and which could not be resolved amicably between the seller and the Customer, will be submitted to the competent courts under the conditions of common law.

Article 21.5. Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.

Article 21.6. Proof

It is expressly agreed that the data contained in the information systems of the office have evidentiary force as to orders, requests, and any other element relating to the use of the Site. They may be validly produced, particularly in court, as a means of proof in the same way as any written document.

Special conditions for the sale of products from the tourist office shop

Article 22: ordering

Article 22.1. Effectiveness of the order

– The Steps for orders placed on the internet

To place an order, the customer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the “Order” button and provides information relating to delivery and payment method.

Before clicking on the “Confirm Order” button, the customer has the opportunity to check the details of his order and its total price and return to the previous pages to correct any errors or possibly modify his order.

The confirmation of the order entails acceptance of the GTC and forms the contract, by the process of double clicking on the words “I have read and accept the general conditions of sale”.

An email acknowledging receipt of the order and its payment is sent by the Tourist Office as soon as possible.

– Orders placed other than on the internet

When the order is placed at the counter or by mail order, the sales contract is formed after acceptance of the order by the Tourist Office.

When the order is placed by mail order, the contract is formed at the time of receipt of the signed quotation, accompanied, if applicable, by the Tourist Office by the deposit provided therein.

Article 22.1. Modification of order

Any modification of order by the customer after confirmation of his order is subject to acceptance by the Tourist Office. The Tourist Office reserves the right to make changes to the product ordered that are related to technical developments under the conditions provided for in Article R. 132-2-1, V of the Consumer Code.

Article 22.2. Validation of the order

The Tourist Office reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers with the quality of consumers.

Article 22.3. Unavailability of products ordered

If the products ordered are unavailable, the Tourist Office immediately informs the customer and may offer him a product of equivalent quality and price. In case of disagreement, the customer is reimbursed no later than thirty days of payment of sums paid.

Article 23: Delivery Article

23.1. Delivery times

The Tourist Office undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 30 days after receipt of order.

Article 23.2. Delayed delivery

The delay in delivery exceeding seven days and not due to a case of force majeure may result in the resolution of the sale by the consumer who, within sixty working days from the date of delivery indicated, will renounce his order by registered letter with request for acknowledgement of receipt, return the products if necessary if they have been delivered and receive from the Office of Tourism no later than within a period of thirty days the restitution of his payment, excluding any compensation.

Article 23.Terms of delivery

The products are delivered to the address specified by the consumer on the order form.

Any claim of error in delivery must be made by the consumer to the Office of Tourism on the day of delivery or the first business day after delivery at the latest.

Delivery is made by notice of availability.

In case of delivery by post, a delivery note must be signed by the consumer who must verify upon receipt the conformity and the state of packaging of the product.

In case of deterioration or partial loss of the product, the consumer must imperatively formulate upon receipt of the reservations on the delivery order, a duplicate of which is sent to the Tourist Office and, within three days of such receipt, notify these reservations to the carrier by registered letter with request for acknowledgement of receipt in accordance with Article L. 133-3 of the Commercial Code.

Article 23.4. Conformity of products

If the product does not conform to the order, the consumer must address a claim to the Tourist Office in order to obtain the replacement of the product or possibly the resolution of the sale.

Article 23.5. Unavailability of products

In case of unavailability of products on delivery, the Tourist Office may offer, under the conditions provided for in Article 6-4 of the T&Cs, an equivalent product by its quality and price.

Article 23.6. Failure to deliver

Total failure to deliver shall result in the automatic termination of the sales contract.

Article 24: Guarantees

Article 24.1. Legal warranties

All products supplied by the Tourist Office benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-12 of the Consumer Code and the legal guarantee of hidden defects provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

Under these guarantees, the Tourist Office undertakes, at the customer’s option, to reimburse him or exchange the defective products or those that do not correspond to his order.

The Tourist Office remains bound, in accordance with Article L. 217-15 of the Consumer Code, of the defects of conformity and hidden defects of the product.

Claims made under the guarantees must be addressed by email to the Tourist Office at the address mentioned at the head of these terms.

Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The consumer will be reimbursed for the return postage no later than thirty days after receipt of the product by the Tourist Office.

Article 24.2. Clauses on guarantees

Clauses exonerating or limiting the rights granted to consumers under the legal guarantees, which are deemed unwritten when concluded before any claim from him, are valid when concluded after claim under Article L. 211-17 of the Consumer Code.

Article 24.3. Law applicable to guarantees

The French law applicable to the contract cannot have the effect of depriving the consumer residing in another Member State of the provisions on guarantees granted to him by his national law pursuant to Directive No. 99/44/EC of 25 May 1999 on the sale of consumer goods and associated guarantees.

Article 25: Safety defect

In the event of damage caused by a safety defect in the product, the consumer must seek the responsibility of the manufacturer identifiable from the information mentioned on the product packaging.

Article 26: Withdrawal

When the order is placed remotely, from the receipt of the products, the consumer has a withdrawal period of fourteen clear days to return the products delivered without having to justify himself, or pay a penalty, to the following address listed in Article 1 of the GTC. The return costs are borne by the consumer.

The Customer may exercise his right of withdrawal by sending the form given for this purpose to the address of the Tourist Office.

The Tourist Office undertakes to reimburse the consumer at the latest within thirty days following the date on which the right of withdrawal was exercised, provided that the returned products are in their original packaging, complete, in perfect condition and accompanied by the original purchase invoice.

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