General Conditions of Sale and Use

Scope

These conditions apply to all uses of the Site https://www.lejardindelma.fr by natural or legal persons, adults and/or legally capable.

This document applies, without restriction or reservation, to all services provided by the Service Provider in France and abroad. No particular condition can, except in formal exceptions written and signed by the Customer and the Service Provider, prevail over these General Conditions of Sale and Use. If one of the clauses of these general conditions of sale is found to be void or canceled, the other clauses will not be canceled.

Any use of the Site implies that the User has read the general conditions and adheres to these same conditions. Prior to the validation of any order, the User must acknowledge having read the General Conditions of Sale and Use (CGVU) and accept them. For this purpose, no handwritten signature will be required. In any case, the General Terms and Conditions are accessible at any time from the Site. The Service Provider reserves the right to make modifications to these in order to adapt them to the terms of sale and operation of the Site and a Service.

Lexicon

Any natural or legal person who has a personal account on the Site.

Designation of the sales platform https://www.lejardindelma.fr.

Professional, supplier of products or services intended for sale on the Site. Also called Service Provider.

Professional who carries out Services offered on the Site.

Any Service and Benefit offered on the Site.

Any person who visits the Site and/or requests the creation of a personal account.

Identification of the Service Provider and the Site

SAS Le Jardin d’Elma is domiciled at 10 Impasse Carnot 06140 Vence.

The Service Provider can be reached:

By e-mail to the following address: contact@lejardindelma.fr

By telephone at: +33 (0)6 75 995 117 or +33 (0)6 47 02 29 53

By post to the following address: 10 Impasse Carnot 06140 Vence

The Website https://www.lejardindelma.fr is published by Le Jardin d’Elma and is hosted by OVH CLOUD.

Object

The Service Provider carries out a B&B rental service activity.

Prices

The prices are freely set by the Service Provider and are likely to vary depending on the scale and nature of the Service to be provided. As an indication, the hourly amount applied is 140 euros. Any additional costs (travel costs, accommodation, etc.) or increases may apply in the event of specificity due to the nature of the Service.

In any case, the total amount is indicated to the Customer prior to validation of his order and payment. Failing this, any increases that may be applied will be expressly specified to the Customer. Prices are in euros and are indicated all taxes included (TTC).

A deposit may be required by the Seller, the amount and payment terms of which will be expressly specified to the Customer prior to validation of their order. In the absence of payment of said deposit, the Seller reserves the right not to fulfill its obligations relating to the order.

No reminder is required for the application of late payment penalties which run automatically from the first day of late payment. The amount of the penalties results from the application to the sums remaining due of three times the legal interest rate in force at the time of the incident. In addition, a fixed compensation for recovery costs of 40 euros will apply under article D 441-5 of the Commercial Code.

Payment terms

The Customer selects their payment method at the end of their order and has the possibility of paying by:

– Species

– Bank card

-Stripe

Bank Transfer

Provisions applicable to the methods of carrying out the Services

The Services

The Services constitute those offered by the Service Provider and in connection with its activity mentioned above, subject to its availability and the feasibility of the Client’s request and requirements. They are tailor-made in order to best meet the Client’s requirements and what has been previously agreed between the Parties.

Conditions for carrying out the Service

The Service Provider intervenes on request and depending on its availability.

Any request must be made by the Customer:

– By telephone

– By email

– Via the website

– At the Service Provider’s place of practice

Delivery of the Service

At the end of the performance of the Service, the latter is considered to be delivered as soon as it is delivered to the Client in its entirety or as soon as it has been carried out in full in accordance with what has been agreed between the Parties.

Stoppage and interruption of the Service

The Service may be terminated by mutual agreement between the Parties or at the initiative of one of the Parties in the event of non-compliance by the other with the commitments made by it, in which case the legal and regulatory provisions are applicable. In the event of stopping or interruption of the Service in progress at the initiative of the Client and unless agreed between the Parties,

Right and period of withdrawal

The business or company Customer, given his status as an informed professional, has no right of withdrawal.

Responsibility

The Service Provider is bound by an obligation of means regarding the Service delivered to the Client. Consequently, he undertakes to deliver the Service in accordance with what has been agreed between the Parties and in particular that it is functional but in no case to an obligation of results as to the use that may in fact be made. the customer.

The Service Provider will be responsible for the Service delivered to the Client and for any non-compliance with its commitments. Its liability is strictly limited to the amounts of the Services sold. It is in no way based on the direct or indirect consequences, whether on people or property, of any damage or malfunction of a Service outside of legal provisions of public order, in the event of misuse of the Services and services offered, content and any cause foreign to the Service Provider.

Intellectual property

In accordance with article L122-4 of the Intellectual Property Code, “any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process.” The Client only has a right to use the Services, their content and all elements whether visual or audio, texts, layouts, illustrations, photographs, documents as well as all elements likely to be to be made available to it, in accordance with its or their use, the instructions, user guide and the applicable legal and regulatory provisions.

The Service Provider retains all copyright and industrial and intellectual property rights relating to the brand, products, designs, models, photos, catalogs and technical documentation which may not be the subject of any copy, reproduction or reuse. without its express prior written authorization.

Failure to comply with these provisions exposes the author to legal proceedings.

Protection of personal data

In accordance with law n°78-17 of January 6, 1978 and the provisions of the General Data Protection Regulation (GDPR) n°2016/679, the Customer has the right to query, access, modify , opposition and rectification of their personal data by contacting the Service Provider:

By e-mail to the following address: contact@lejardindelma.fr

By mail to the following address: 10 Impasse Carnot 06140 Vence

Force majeure

The responsibility of the Service Provider cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure within the meaning of Article 1218 of the Civil Code.

Applicable law and competent jurisdiction

These general conditions are subject to French law. French law and the French courts have jurisdiction in the event of a dispute or dispute between the Parties.

Conditions and Terms of Use of the Site

The users

All Users undertake to make appropriate use of the Site, to provide truthful information on its structure, contact details and all information communicated during their registration request.

Customers

Each Customer undertakes to keep their data up to date each time they use it on the Site. It also undertakes not to commit illicit or illegal activities, not to disseminate content or propaganda contrary to good morals, good faith and public order.

Registration details

Each User must provide the information requested by the Site for any account creation, namely:

– Name

– First name

– Address

– E-mail address

– Phone number

The User will create a personal and unique password on this occasion. The Customer must accept these general conditions of sale and use, downloadable at any time. As soon as the account creation is validated, a confirmation email will be sent to the address provided on this occasion.

Order process

Any order is first subject to the creation of a personal account or a connection to an existing one, if applicable. The Customer will have all the information relating to the Services, their description, and their reference, before any order validation. The ordering process is as follows:

– Selection of a Service available on the Site and desired by the Customer and addition of the product(s) to their online basket,

– At the end of the selection and before any order validation, the Customer has access to his basket and the summary of the desired Services, the unit amount of each item, any delivery costs and the total amount. It has the possibility to add or delete articles.

– The Customer selects the desired payment method and proceeds to payment (except in exceptional cases).

– The order is validated once payment is accepted. The Customer then receives all the information relating to the confirmation of his order.

The Customer has all the legal information found in the general conditions of sale and use (which can be consulted or downloaded at any time) on the one hand and in the confirmation email from order (printable at any time) on the other hand.

Responsibility relating to the Use of the Site

The Site cannot be held responsible for damages of any nature whatsoever, which could result in errors or omissions in the content, a lack of availability of the Site or the transmission of viruses, malicious or harmful programs, despite the fact that all technological measures aimed at avoiding this inconvenience have been adopted. The Site declines all responsibility for the possible consequences of a User’s connection to the Site via an unsecured and/or faulty internet network.

CONTRACT between

SAS Le Jardin d’Elma, located 10 Impasse Carnot 06140 Vence, hereinafter referred to as “The Service Provider”

And

The [SAS/SASU/SARL/EURL] NAME whose head office is located [TO BE COMPLETED], registered with the CITY RCS under number [TO BE COMPLETED], whose SIRET number is [TO BE COMPLETED].

Sir / Madam

Hereinafter referred to as the “Client”,

On the other hand,

Together called “The Parties”,

THE FOLLOWING HAS BEEN AGREED

As a preliminary

The Service Provider carries out a B&B rental service activity.

Object

The purpose of this Contract is to delimit and define the intervention of the Service Provider whose role consists of welcoming, housing, feeding and cleaning clients.

Conditions for carrying out the Service

The Service will be carried out in accordance with the Client’s requirements which will have previously been the subject of precise and detailed writing, namely a report or specifications if applicable and setting out the different stages of the Service, the deadlines to be respected as well as all the details and information necessary to carry out the Service. Failing this, the Client cannot in any way blame the Service Provider for non-compliance with its obligations.

Prices and payment terms

In return for carrying out the Service, the Client will be liable for the sum of the amount of the night(s) reserved including tax as well as the tourist tax to be paid to the mainland by the service provider.

A first deposit of 50% must be paid upon final reservation.

The balance will be due upon arrival or at the latest upon departure of the customer.

Payment must be made by:

– Species

– Bank card

-Stripe

-Bank transfer

Rights, obligations and commitments of the Parties

The Parties undertake to carry out their tasks in accordance with the rules of the art, in the best possible manner and to respect the provisions of this Contract in their entirety.

The Client undertakes to be available to the Service Provider throughout its Service, to give it access to the data, documents and tools necessary for its smooth running. He undertakes to communicate all the necessary technical and practical information, namely all the instructions and instructions to be respected.

The Client acknowledges that the Service Provider is not at its permanent and continuous disposal and that no exclusivity is concluded between the Parties. The Service Provider is free to carry out other services.

Finally, the Customer undertakes to pay the invoice(s) established by the Service Provider according to the terms and conditions mentioned above.

The Service Provider is required to have an insurance policy at its own expense and to maintain the Contract for as long as this Contract continues. The Insurance Contract must provide for the Professional Civil Liability of the Service Provider and cover all possible damages likely to occur during a Service provided for the Client.

The Service Provider undertakes to carry out the Services entrusted to it with the greatest professionalism, to respect its commitments and to adopt a correct and benevolent attitude towards the Client, any members of its staff, its Service Providers and clients. optionally.

The Service Provider acknowledges that it does not work exclusively for the Client. However, it undertakes not to prospect new clients during the services provided for the Client and not to use the latter, its databases and the information to which it has access, its service providers, its staff and its Clients to develop its professional activity.

Intellectual property and exploitation rights

The Client acknowledges having only the right to use the Services delivered by the Service Provider, its content and all elements, whether visual or audio, texts, layouts, illustrations, photographs, documents as well as all the elements likely to be made available to it within the framework of this Contract. The Service Provider retains all copyright and intellectual and industrial property rights relating to the brand, models, drawings, photos, catalogs and documentation. Any translation, adaptation, transformation, reproduction, modification without the consent of the Service Provider is strictly prohibited and exposes its author to prosecution.

Resale is strictly prohibited.

Breach of contract:

Termination of the contract cannot, in principle, take place before the end of the performance of the service except in the event of an express mutual agreement of the Parties. Any failure by one of the parties to fulfill its obligations may result, if the creditor of the unfulfilled obligation so wishes, in the automatic termination of this contract. Termination will take place following the sending of a formal notice from the creditor sent by registered letter with acknowledgment of receipt which remains without effect, without prejudice to any damages and interest.

Finally, in the event of force majeure within the meaning of article 1218 of the Civil Code, the contract ends immediately upon the occurrence of the cause causing the force majeure, without damage to the Parties.

Applicable law and jurisdiction

This Contract is subject to French law and falls within the jurisdiction of the French courts.

Made in: VENCE

Do it: 09/15/2023

Signature of the Client: DEWILDER Laurence and Eric, Manager