General Conditions of Sale
These general terms and conditions apply between:
Eschaton Kunststiftung, a foundation under foreign law whose registered office is located at 1 Himmelreich, Salzburg 5020 (Austria) and whose SIREN number is 894058809 which has an established location in France at the following address: Chemin de la Ribaute – Quartier de Montferré 30430 Barjac ;
Hereinafter referred to as the “Foundation“;
Any person(s) acting for non-professional purposes for the purchase of products sold by the Foundation;
Hereafter called the “Buyer”;
Article 1. DESCRIPTION OF THE PRODUCTS
The Foundation proposes the sale of tickets (“Products”) for the visit of the domain of La Ribaute located at Chemin de la Ribaute – Quartier de Montferré 30430 Barjac (“Site”), exclusively on its Website.
The guided visits of the Site are proposed on an individual basis or are grouped in the case of requested group tours.
No ticket allows free access to the Site (with the exception of guided tours).
The Site is open to the public three (3) days a week, on Wednesdays, Thursdays and Fridays, from mid-May to the end of October with a four (4) week summer closure.
If there are more than five (5) people, it is possible to book a group visit, the number of visitors being limited to eighteen (18) people per visit.
Reservations can be made by email at email@example.com.
The inquirer of private group tours is asked to indicate in their email their availability (several dates and time slots). Visits can take place on Wednesdays, Thursdays or Fridays from 1:30 pm to 4:30 pm or from 9:30 am to 12:30 pm, depending on availability and upon reservation.
The Foundation, in agreement with the inquirer, opens an online reservation slot on the Website on one of the days the Site is open to the public (Wednesdays, Thursdays or Fridays).
Reservations are processed within the limits of available space.
Article 2. ORDERING PROCESS
The Buyer chooses the dates and times of his guided tour on the Website at the time of the order, according to availability.
A person may reserve up to five (5) tickets per order.
Pursuant to the provisions of Article 1127-2 of the Civil Code, the Buyer has the opportunity to check the details of his order, its total price, and to correct any errors before confirming his/her acceptance. It is the responsibility of the Buyer to verify the accuracy of the order and to immediately report any errors.
The Buyer declares to be at least eighteen (18) years old and to have legal capacity or to be the holder of a parental authorization allowing him/her to place an order on the Website.
After placing an order, the Buyer receives a confirmation e-mail with his/her reservation number and full directions to the Site, as well as other practical information to facilitate his/her visit.
This personal confirmation serves as an entry ticket.
The sale of the Products is not considered final until the Foundation sends the Buyer an order confirmation by e-mail and the full price has been received.
If the Buyer does not receive confirmation or cancellation of his/her order by e-mail within twenty-four (24) hours, he/she should contact the Foundation by e-mail: firstname.lastname@example.org
The Foundation reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute concerning the payment of a previous order.
In accordance with Article L. 221-28 12° of the French Consumer Code, the purchase of tickets is not subject to a right of withdrawal when a ticket is reserved for a specific performance date.
Article 3. PRICES AND PAYMENT TERMS
The Buyer is invited to take note of the prices of the Products on the Website.
Prices are indicated in euros, excluding taxes.
The Foundation reserves the right to regularly modify the prices of its Products by publishing new pricing conditions on its Website.
These changes shall have no effect on orders confirmed prior to any change.
3.2 Payment methods
Only payment by credit card is authorized.
The Foundation does not accept payment by bank check or vacation vouchers.
The online purchase of one or more Products on the Website gives rise to a one-time payment by credit card (Eurocard/Mastercard, Visa Card, JCB Card, Carte Bleue, American Express, Diners Card, Cup Card).
The Foundation uses the services of the company STRIPE (www.stripe.com) which acts as a secure payment service provider.
The payment data (sixteen (16) digit bank card number, expiration date) is automatically generated into a transaction identifier and is transmitted encrypted by the Website to STRIPE. This data is collected and processed directly by STRIPE. Their general terms and conditions of use are available here: https://stripe.com/fr/legal.
The amount of the order is debited at the time of validation of the payment.
Article 4. DELIVERY
Tickets in the form of an individual booking confirmation are sent by email to the Buyer after validation of the online payment.
The tickets can be:
– printed by the Buyer;
– presented in electronic format using a smartphone.
Article 5. CONDITIONS OF USE OF THE TICKETS
The tickets are personal, single-use and non-transferable to a third person.
Only the first person to present the ticket will be allowed to enter the Site. This person is presumed to be the legitimate ticket holder.
The Foundation may refuse entry to the visit when several printouts, reproductions, copies or imitations of a home-printable ticket are in circulation and access to the visit has already been granted beforehand to the holder of a printout, reproduction, copy or imitation of the printable ticket with identical first and last names.
The Foundation may ask for proof of identity at the entrance to the Estate: identity card, passport or driving license. Preferential-rate tickets may be obtained only upon presentation of the associated proof of identity. Reduced rates may be refused in the absence of the corresponding proof of identity.
Tickets are valid only for the date and time of the visit indicated on the ticket.
After the start time indicated on the ticket, access to the Site is no longer possible. In this case, the ticket will not be returned or refunded.
It is requested to arrive between fifteen (15) and thirty (30) minutes before the beginning of the visit.
All ticket holders are forbidden, under penalty of possible legal action, to use their ticket for any promotional or commercial purposes whatsoever. In particular, unless specifically agreed by the Foundation, any sale, resale or exchange of tickets is strictly forbidden, under penalty of the sanctions provided for in Article L. 313-6-2 of the French Penal Code.
The Foundation reserves the right to refuse access to the Site to any holder of a ticket purchased from an organization other than the Foundation.
Tickets are neither exchangeable nor refundable. Thus, in the event that the Buyer is unable to enter the Site (traffic jams, saturated access, etc.), the ticket(s) purchased will not be refunded.
Article 6. CLAIMS, MODIFICATIONS AND CANCELLATIONS
Any claim concerning the purchase of Products must be made by e-mail to the following address ” email@example.com “, within thirty (30) days from the occurrence of the event that is the subject of the claim. Otherwise, the Buyer shall not be entitled to any compensation for the claim.
The Foundation undertakes to make its best efforts to respond to any claims submitted within a reasonable period of time, taking into account their nature and complexity.
6.2. Modifications and cancellations
The Foundation reserves the right to modify its offer of a visit if all the conditions are not met in order to offer the visit as originally planned.
In the event of cancellation of a tour by the Foundation, the price of the ticket purchased by the Buyer will be automatically refunded, to the exclusion of any other compensation or indemnity.
The Foundation undertakes to inform the Buyer of any cancellation or change by sending an e-mail to the address provided at the time of purchase.
Article 7. PERSONAL DATA
In the course of using the Website, the Foundation may collect and process certain personal data of Buyer, in particular their surnames, first names, e-mail addresses and telephone numbers (“Personal Data“).
In addition, Buyers have the right to access, rectify, delete, limit or object to the processing of their Personal Data, the right to define directives relating to the conservation, deletion and communication of their Personal Data after their death and the right to the portability of their Personal Data.
Buyers may exercise their rights by e-mail to the following address: firstname.lastname@example.org or by mail to the address indicated in Article 11 hereof.
Article 8. LIABILITY
The Foundation shall in no event be liable for any failure to perform or improper performance of the services to which the tickets entitle the Buyer, which is attributable either to the Buyer’s fault, or to the unforeseeable and insurmountable act of a third party, or to a case of force majeure as defined by Article 1218 of the Civil Code.
Except in the event of a malfunction of the Website for which the Foundation is responsible, the Foundation shall not be held liable for any anomalies that may occur during the ordering, processing, downloading or printing of the ticket, either due to the Buyer, or due to the unforeseeable and insurmountable act of a third party not involved in the service, or due to computer or server failures, or to the blocking of telecommunications, including networks, and in particular the internet.
The Foundation shall not be held responsible for the use of the tickets purchased, the Buyer being solely responsible for their use by himself/herself or by a third party.
Article 9. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The General Conditions are subject to French law and shall be interpreted in accordance with that law.
In accordance with the provisions of Article L. 612-1 et seq. of the French Consumer Code, any dispute relating to the sale of Products or the interpretation of the General Terms and Conditions that is not resolved after a complaint has been made in accordance with the process set out in Article 6.1 may be brought by the Buyer before the IEAM Mediation Center, 31 bis -33 rue Daru 75008 Paris or the website www.ieam.eu under the “Mediation of Consumption” tab, the organization to which the Foundation is a member.
In the absence of an amicable agreement, any dispute shall be submitted to the exclusive jurisdiction of the French courts.
Article 10. MODIFICATION OF THE GENERAL CONDITIONS
The Foundation reserves the right to adapt or modify these General Conditions at any time and to publish a new version on the Website.
The Foundation shall inform the Buyer of any such modification within fifteen (15) days before the last version comes into force.
In the event of a change, the General Terms and Conditions in effect on the date of the order shall apply to each order.
Any modification of the General Conditions made necessary by a change in legislation or regulations or by a court decision will come into force immediately.
Finally, if, for any reason, one of the provisions of the General Conditions should be declared inapplicable, this inapplicability will not affect the application of the other provisions of the General Conditions.
Article 11. CONTACT US
For any information or questions concerning the use of the Website, the conditions of use of the tickets as well as the modalities of order, delivery and refunding of the Products, the Buyer can contact our customer service:
– by e-mail at the following address: email@example.com
– by mail at the following address: Chemin de Ribaute – Quartier de Montferré 340430 Barjac;
– by phone at the following number: +33 (0)4 66 25 44 77