Conditions Générales de Vente

PREAMBLE

I-/ Definitions

In these General Terms and Conditions of Sale, the terms defined below shall have the following meanings:

Gift Voucher: refers to the document stating the offer, the location, the voucher number, the date of validity and the description, which allows the holder to enjoy an offer within the Establishment. The Gift Voucher may be delivered by post and digital means. Confirmations or client follow-ups may be sent via email or SMS notifications.

Gift Box: refers to the packaging used for a postal delivery.

A Gift Box is made up of the following elements:

- A Gift Voucher including a description of the service offered (and present on the Website).

- A sleeve in which the Gift Voucher is packaged.

For the digital version, only an email will enable the Gift Voucher to be printed.

The Gift Boxes thus defined come in a variety of themes, such as 'Gastronomy', 'Break', 'Spa', etc.

 

Establishment: refers to the company issuing the Gift Voucher, which assumes responsibility for receiving payment, billing, delivery tracking, service compliance and all obligations related to the offer.

My Box Factory: refers to the online software license enabling an Establishment to offer these services and ensure the management and tracking of these offers.

Ogone: refers to the company that ensures the security and payment of transactions.

Beneficiary: refers to the person using the Gift Voucher.

Service: refers to the entire offer provided by the Establishment for the beneficiary, i.e. the Service provided by the Establishment, using the MY BOX FACTORY solution, to the beneficiary, from among the selection of offers contained on the Website, subject to availability of the Establishment on the dates selected by the beneficiary.

Client: refers to the person who purchases a Gift Voucher, it being understood that the Client may or may not be the beneficiary of the service, depending on whether it is intended for personal use or for a beneficiary.

 

Party(ies): the Establishment and/or the Client

Website: refers to the website www.montreux-palace.secretbox.fr 

Personal data: refers to all information that makes it possible, in particular via the Internet, to directly or indirectly identify a natural person (first name, surname, email address).

Cookies: refers to small files sent to the User's hard drive in order to facilitate browsing on the Website and suggest pages that best suit the User when returning to the Website.

Hotel Montreux Palace SA : refers to a public limited company incorporated under Swiss law with its head office in Geneva registered with the Federal Commercial Registry under number CH-550.1.111.887-6

Please carefully read all of these General Terms and Conditions of Sale, which define the terms and conditions governing the sale of Gift Vouchers by Hotel Montreux Palace SA.

 

II-/ General Terms and Conditions of Sale

Gift Vouchers created by Hotel Montreux Palace SA are available to be ordered online, with an obligation to pay, at the following URL: http://montreux-palace.secretbox.fr

These General Terms and Conditions of Sale therefore only apply to orders for Gift Vouchers placed on the Website www.montreux-palace.secretbox.fr, directly by telephone: + 41 21 962 12 12, or at the reception of the Establishment.

The Establishment reserves the right to complete the list of Gift Boxes available for sale, or to cease the distribution thereof, at its sole discretion and at any time.

These terms and conditions are applicable to the exclusion of any other terms and conditions, in particular those applicable for in-store sales.

In the event that the origin of the offer is identified on a distributor Website, the sale is made by the Establishment and not by the distributor.

These General Terms and Conditions of Sale are applicable as of the 1st of September 2014. As of this date, they cancel and replace all previous versions of these terms and conditions, and prevail over all other general terms and conditions of the Client.

FAIRMONT LE MONTREUX PALACE reserves the right to amend these General Terms and Conditions at any time, without prior notice, it being understood that such amendments shall not apply to orders previously accepted and confirmed by Hotel Montreux Palace SA.

All Clients declare that they have the legal capacity, in accordance with Article 13 of the Swiss Civil Code, to enter into contracts and to use the Website in accordance with the Website's General Terms and Conditions of Sale and Use.

 

ARTICLE 1: ORDER PLACING PROCEDURE WITH OBLIGATION OF PAYMENT AND FORMATION OF THE CONTRACT

You may place your orders for Gift Boxes directly:

•    By Internet on the Website: www.montreux-palace.secretbox.fr

•    By telephone: + 41 21 962 12 12

•    Or directly with the Establishment.

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

•    Selection of one or more Gift Boxes on the Website;

•    Following this selection, a summary stating all choices and the total price of the selected Gift Boxes, as well as your contact details, delivery costs (for postal orders) and your method of payment, will enable you to check the details of your order and make any necessary modifications, prior to final registration of your order;

•    A "first click" will enable the subsequent registration of your order, subject to you having expressly accepted these General Terms and Conditions of Sale;

•    Your order shall not be registered until you give final confirmation thereof, which is done with a "second click";

•    In the event of payment by bank card, your bank card details will be registered upon the "second click". However, your contract shall not be finally concluded until acceptance of the payment by your bank;

•    When your order is finally confirmed (with the "second click"), we shall send you an email to confirm your order with a summary of all elements related thereto. You should print and/or keep this email as evidence of your order;

•    Following the placing of an order for one or several Gift Vouchers, the person who placed the order shall have access to an interface enabling order tracking.

 

ARTICLE 2: TERMS AND CONDITIONS OF USE OF GIFT VOUCHERS AND LIABILITY

2.1: In the event that you are not the beneficiary of the Gift Voucher, you are asked to inform the beneficiary of the terms and conditions laid out below.

2.2: The Gift Voucher must be confirmed in order for it to be valid. In order to do so, you must contact Hotel Montreux Palace SA on the following number: + 41 21 962 12 12

2.3: The Service will only be provided upon presentation of the original Gift Voucher, received by post or printed out from the email.

2.4: The Gift Voucher entitles the holder to the Services provided by Hotel Montreux Palace SA, as indicated on the Website, whether the booking was made online or directly with the Establishment.

2.5: The Gift Box is valid on the dates and days specified on the Gift Voucher.

2.6: The services included in the Gift Voucher do not include transport to the location where the Service is provided by the selected Establishment.

2.7: The photographs shown on the Gift Box are for illustrative purposes only. Any partial or whole reproduction is not permitted.

2.8: With the exception of online bookings, the Service will be provided only after verification by Hotel Montreux Palace SA of the validity of the Gift Voucher and receipt of full payment therefore. This verification involves confirmation of the Gift Voucher number by Hotel Montreux Palace SA to verify that it has been properly activated.

2.9: In the event that the distributor of the Gift Voucher is not the Service Provider of the offer included in the Gift Box, delivery of the Service remains subject to the specific terms and conditions of Hotel Montreux Palace SA, in particular with regards cancellation or modification of the booking, and the age limit and physical condition of the beneficiary(ies).

2.10: In the event that the distributor of the Gift Voucher is not the Service Provider of the offer included in the Gift Box, the latter is solely responsible for the proper performance of the Service. The distributor and Hotel Montreux Palace SA may not be held liable by the beneficiary in relation to performance of the Service. Hotel Montreux Palace SA will nevertheless make its best endeavours to find an amicable solution to any disputes between the Establishment and the beneficiary. 

2.11: In the event that the Gift Voucher is lost, stolen, destroyed or not used within its validity period, the beneficiary shall not be entitled to a refund or compensation in any form. However, in the event that a beneficiary is unable to use a Gift Voucher within the specified period, he or she should contact the Establishment. 

2.12: Hotel Montreux Palace SA declares that it holds professional liability insurance, covering sums generally deemed adequate in view of the provision of the services, and that it possesses the necessary authorisations and licenses to perform its activities in a regular manner and in compliance with applicable legal and regulatory provisions.

Transport insurance shall remain the responsibility of the Client.

 

ARTICLE 3: PRICE AND TERMS OF PAYMENT

Article 3.1: Price

The prices of Gift Boxes, displayed on the Website, are those applicable on the day that the order was placed. Prices stated are inclusive of VAT. For deliveries made abroad, the services will be billed exclusive of VAT.

Carriage costs, detailed in Article 6.4, applied for delivery of Hotel Montreux Palace SA's Gift Boxes, are not included in the price, unless expressly stated otherwise by Hotel Montreux Palace SA. These costs shall, therefore, be billed as a supplement and stated prior to final confirmation of your order.

Article 3.2: Payment Terms

Payment of the order may be done by bank card, in accordance with the following procedure:

•    Use one of the card types indicated on the payment methods page (Carte Bleue, Visa, Eurocard/Mastercard): The card number, expiry date and the card security code on the back of the card must be entered in the fields provided. The total amount of the order shall be debited from the bank card on the day that the order is placed. Hotel Montreux Palace SA reserves the right to suspend processing of the order in the event that payment authorisation is not received from your bank. The Website enables you to provide your bank card details in a confidential and secure manner, when placing your order (data entry secured by SSL encryption), via the service provided by Ogone.

 

ARTICLE 4: RIGHT OF RETRACTION

When purchasing a Gift Voucher, in accordance with Articles 40a to 40f of the Swiss Code of Obligations, you have a period of seven (7) clear days (as of the date of receipt of the product) within which you may exercise your right of withdrawal, with no requirement to provide reasons or pay penalties, with the exception of return costs.

This withdrawal must be done in writing. You shall be provided with a standard retraction/withdrawal form upon delivery of the order (or you may download it via the following link: http://montreux-palace.secretbox.fr/retraction).

You shall remain responsible for the return cost. Only Gift Vouchers and Gift Boxes returned within the specified deadlines and in perfect condition (Gift Boxes returned without the corresponding Gift Voucher, damaged or soiled will not be accepted) may be refunded.

Gift Boxes must be returned to the following postal address:

Hotel Montreux Palace SA, AVENUE CLAUDE NOBS 2, 1820 MONTREUX, SWITZERLAND.

All returns done in accordance with the conditions of this article shall result in a refund of the total sum paid (with the exception of express delivery costs), within fourteen days as of the date of receipt of the Gift Box in perfect condition at the latest, by cheque or by bank transfer, which you declare to accept without reservation. 

 

ARTICLE 5: PROOF OF ORDERS/ARCHIVING

You are expressly informed that, with the exception of an obvious error, of which you should provide evidence, the data kept in the database of FAIRMONT LE MONTREUX PALACE shall have probative force in relation to orders placed.

Data kept in a regular manner on IT or electronic media shall serve as admissible and enforceable evidence to the same extent and with the same probative force as any written document that may be received or kept.

 

ARTICLE 6: DELIVERY

Article 6.1: Availability of Gift Vouchers

FAIRMONT LE MONTREUX PALACE's Gift Vouchers are products released in limited quantity, partly due to limited accommodation capacities and to the limited duration of validity of said Gift Vouchers.

In the event of temporary or definitive out-of-stocks, the Client shall be informed of unavailability as the order cannot be completed.

In the event that products are available, Hotel Montreux Palace SA undertakes to fulfil any Gift Voucher order placed by the Client.

In the event that the distributor is not the Service Provider of the offer included in the Gift Box, and if an order cannot be fulfilled due to an out-of-stock, you may cancel your order. In such a case, you shall receive a refund for total sum paid, within 30 days of such payment at the latest.

Article 6.2: Place of Delivery

Hotel Montreux Palace SA shall only deliver Gift Boxes within EUROPE.

Gift Boxes shall be delivered to the address that you provided when placing your order. Hotel Montreux Palace SA shall in no way be held liable, under any circumstances, in the event that you are not present at the time of delivery or that you enter incorrect information when placing the order. It shall be your responsibility to contact Hotel Montreux Palace SA in accordance with the conditions laid out in Article 10.

Article 6.3: Carriage method and delivery time

•    Delivery will be performed by POST within 30 days of the order being placed by the Client at the latest.

•    You will receive an email confirming dispatch of your order and specifying the carrier's tracking number, which you may use to track the progress of your order.

However, in the event of a clear delay, Hotel Montreux Palace SA undertakes to implement any appropriate action to verify and then resolve any failure in the transport service for which it may be responsible.

We would like to remind you that Gift Boxes shall never be dispatched on a Saturday or Sunday.

Digital delivery: a Gift Voucher may be sent to a beneficiary by the Client in the form of a digital delivery. In order to do so, when placing the order, the Client should check the appropriate box for digital delivery so that the Gift Voucher will be sent as a PDF document, which may be downloaded by the beneficiary. This Gift Voucher should be printed by the beneficiary and then presented at the Establishment's reception desk for delivery of the Service.

Article 6.4: Delivery Costs

Delivery costs are fixed-rate costs and billed as a supplement to the price of the Gift Boxes, in the following manner:

•    For the standard delivery method, i.e. registered letter: No charge

•   Order of one to ten Gift Boxes (Switzerland): No charge

•   Order of one to ten Gift Boxes (other European countries): No charge

 

ARTICLE 7: NON-COMPLIANCE

Article 7.1: Notification of Damaged or Missing Items to the Carrier

All Gift Boxes delivered must be carefully inspected by the Client and the carrier must be notified of any partial or total damage, or missing item(s). 

The Client must also send notification, along with appropriate evidence, of any damaged or missing items to the carrier by registered letter, within 72 working hours of receipt of the Gift Box in question. 

If no notification is made, the product shall be deemed to have been delivered complete and in good condition, and subsequent claims regarding said product may not be submitted to Hotel Montreux Palace SA.

Article 7.2: Gift Box Error 

Any errors related to Gift Boxes ordered must be notified by the Client by letter or email (see the 'Contact' section of the Website), within 72 working hours of receipt of the order.

Any claim that is not made in accordance with the rules of this article and within the specified time frame shall not be taken into account and shall free Hotel Montreux Palace SA of any liability vis-à-vis the Client.

 

ARTICLE 8: TRANSFER OF PROPERTY / TRANSFER OF RISKS

Transfer of property and risks shall take place at the time of delivery of the Gift Box(es) to the Client.

 

ARTICLE 9: DURATION OF VALIDITY OF GIFT BOXES

The Gift Boxes have a limited duration of use, which is indicated on the Gift Voucher.

 

ARTICLE 10: CUSTOMER SERVICE AND CLAIMS

Any other requests for further information or explanations must be submitted to Hotel Montreux Palace SA:

•    Either by telephone on: + 41 21 962 12 12

•    Or via our Website (http://montreux-palace.secretbox.fr/) in the 'Contact' section;

•    Or by letter to the following address: Hotel Montreux Palace SA, AVENUE CLAUDE NOBS 2, 1820 MONTREUX, SWITZERLAND.

 

ARTICLE 11: INTEGRITY AND MODIFICATION OF THE AGREEMENT

Should Hotel Montreux Palace SA not invoke one of the clauses contained in these General Terms and Conditions of Sale at a given time, this may not be construed as renunciation by the latter of its right to subsequently avail itself of one of the said terms and conditions. 

In the event that one of the provisions hereof is declared void or deemed unwritten, the validity of other provisions contained herein shall not be called into question.

Any amendment, termination or abandonment of any of the clauses contained herein shall be valid only following the express agreement of both Parties hereto.

 

ARTICLE 12: - INTELLECTUAL PROPERTY RIGHTS

The Establishment's trademark, as well as all figurative or non-figurative trademarks, and, more generally, all trademarks, illustrations, images and logotypes placed on the Gift Boxes and Gift Vouchers, their accessories and their packaging, whether registered or otherwise, are and shall remain the exclusive property of the Establishment. 

Any full or partial reproduction, modification or use of these trademarks, illustrations, images and logotypes, for any reason and on any medium whatsoever, without the prior express consent of the Establishment, is strictly forbidden and may result in legal action by the latter.

The above also applies to any combination or association with any other trademark, symbol or logotype, and, more generally, any distinctive sign, intended to form a composite logo. The above also applies to any copyright, drawing, model or patent that is the property of the Establishment.

 

ARTICLE 13: - CONFIDENTIALITY OF DATA

Information requested from the Client is necessary for the processing of the order.

Hotel Montreux Palace SA undertakes to ensure the confidentiality of information thus gathered in relation to third parties and to make use thereof for the sole purpose of providing the Service.

When creating a client account on the Website, the Client will be allowed to choose whether or not to receive special offers from the Establishment and the latter's partners.

 

ARTICLE 14: – UNFORESEEABLE CIRCUMSTANCES AND FORCE MAJEURE

The performance by the Establishment of its obligations under the terms contained herein shall be suspended in cases of unforeseeable circumstances or force majeure that hinder or delay such performance.

The Establishment shall notify the Client of the occurrence of unforeseeable circumstances or force majeure events within 15 days as of the date upon which said event occurs.

In cases where suspension of the performance of the Establishment's obligations continues for a period exceeding 60 days, the Client shall have the right to terminate the order in progress, and the Establishment shall then perform a refund for the order in accordance with the provisions of Article 6.

 

ARTICLE 15: APPLICABLE LAW AND PLACE OF JURISDICTION

These General Terms and Conditions and the agreement entered into when an order for a Gift Box is placed are governed by Swiss law. The place of jurisdiction is Geneva.