GENERAL TERMS AND CONDITIONS OF SALE

The present general conditions of sale are concluded on the one hand by the company SAS hôtels Charme&Design Carcassonne hereafter called ‘the salesman’ or ‘us’ with the capital of 80 000 euros whose registered office is located 2 rue Camille Saint Saëns 11000 Carcassonne, registered with the register of the trade and the companies under the number SIRET 428 581 656 00017 and on the other hand, by any physical or moral person hereafter called ‘the purchaser’ or ‘you’ wishing to carry out a purchase via Internet site www.spagemology.com.

Article 1: Purpose

The purpose of these general terms and conditions of sale is to define the contractual relationship between SAS Hôtels Charme&Design Carcassonne and the buyer and the terms and conditions applicable to all purchases made through the www.spagemology.com website belonging to SAS Hôtels Charme&Design Carcassonne, whether the buyer is a professional or a consumer.

The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these general conditions of sale.

These conditions of sale shall prevail over any other general or specific conditions not expressly approved by SAS Hôtels Charme&Design Carcassonne.

SAS Hôtels Charme&Design Carcassonne reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.

Article 2: Treatments and gift vouchers

Purchases of treatments or gift vouchers are neither modifiable nor refundable. No reduction, deduction or reimbursement will be made for services not used.

The treatment or gift voucher is valid for 1 year from the date of purchase. Exceeding the validity date of the treatment or gift voucher will render it null and void.

If you wish to cancel your treatment, you must notify us 48 hours before the treatment by telephone or email. Otherwise, your treatment or gift voucher will be considered as having been used. Please note that any delay on your part will not be compensated.

With every purchase of a treatment (minimum 50 minutes), you will have free access to the relaxation area. This includes a hammam and a swimming pool equipped with jacuzzi, massage jets and counter-current swimming. You can use it 30 minutes before your appointment time.

The bathrobes, towels and slippers required for your treatment will be given to you on arrival at the SPA. Swimming costumes are available for sale in the SPA boutique.

We recommend that you book your treatment a week in advance to maximise the chances of obtaining the time that suits you best.

To ensure that your treatment runs smoothly, we recommend that you remove your jewellery. The establishment cannot be held responsible for any objects left behind. For men's treatments, we recommend that you shave approximately one hour before your treatment.

Our massages are aesthetic and non-therapeutic well-being treatments.

Please inform us of any special health conditions or medical treatments you may be undergoing. We accept no responsibility for any medical contraindications, medication, illness or pregnancy.

Children over the age of 12 may benefit from certain treatments, but only have access to the relaxation zone from the age of 16.

The actual duration of treatments includes preparation time. The accessories used by our beauticians have been disinfected beforehand. Linen is changed after each treatment.

Article 3: Product identification and availability

Our product offers on hotelscharmeetdesign.smartbooker.fr are only valid while stocks last.

If the product displayed is not available at the time of your visit, you may be informed by e-mail of its availability by indicating your e-mail address in the reserved field.

The photographs, graphics and technical data sheets are for the most part taken from documentation produced by the manufacturers or suppliers, reproduced under their control and with their agreement. The photographs are presented for illustrative purposes, the conformity of the item being considered with exclusive reference to its description.

Article 4: Prices

The prices indicated are inclusive of VAT in euros, applicable on the day of the order. Any change of the rate could be reflected on the price of products or services.

SAS hôtels Charme&Design Carcassonne reserves the right to modify its prices at any time, it being understood however that the price appearing on the website on the day of the order will be the only one applicable to the buyer.

The prices indicated include the cost of processing orders, but do not include the cost of transport and delivery, provided that the delivery takes place within the geographical zones indicated below.

For all deliveries outside mainland France, any customs duties, local taxes, import duties or state taxes may be required. These rights and sums are not the responsibility of SAS hôtels Charme&Design Carcassonne. They will be at your charge and are your entire responsibility both in terms of declaration and payment to the authorities and competent bodies of your country.

Article 5: Orders

Any buyer wishing to purchase a product or service must :

- fill in the identification form with all the contact details requested or give their customer number if they have one;

- confirm their order after checking it;

- make payment in accordance with the conditions laid down;

- confirm their order and payment.

Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them and waiver of the right to invoke its own terms and conditions of purchase or other terms and conditions.

All the data supplied and the recorded confirmation will be deemed proof of the transaction. Confirmation will be considered as signature and acceptance of the operations carried out.

Article 6: Right of withdrawal

In accordance with the legal provisions in force, you have a period of fourteen clear days from the date of receipt of your products or the date of purchase of one of our services to exercise your right of withdrawal from SAS hôtels Charme&Design Carcassonne, without having to give any reason or pay any penalty. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the products or services purchased will be reimbursed; the cost of postage and return will then remain at your expense.

Items returned must be in their original condition and complete.

You can send your parcel, together with the invoice, to the following address

SPA GEMOLOGY CARCASSONNE

Hôtel du Château

2 rue Camille Saint Saëns

11000 Carcassonne

Reimbursement will be made as soon as possible and at the latest within 14 days of being informed of your decision to cancel. However, reimbursement may be deferred until we have recovered your product or proof of shipment. Cash on delivery will not be accepted for any reason whatsoever. You are responsible for the risks involved in returning the goods.

To receive another item to replace your returned item, you will need to place a new order online.

Article 7: Terms of payment

The price is payable when the order is placed.

You can pay by credit card, which offers maximum security. We certify that credit card details are encrypted using SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank.

Your order will only be dispatched if you have first obtained authorisation to debit your account from the relevant payment centres, failing which your order will not be processed. If you pay by cheque or bank transfer, your order will not be dispatched until payment has been received in our bank account.

At the purchaser's request, an invoice will be sent showing VAT.

Article 8: Delivery

Products purchased on www.spagemology.com are only delivered to countries belonging exclusively to the EEC and to the Euro zone, excluding French overseas departments and territories.

Shipping costs are free for all orders. Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area.

Delivery times are given as an indication only. If delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the purchaser reimbursed.

Article 9: Right to refuse an order or cancel a purchase

Our website www.spagemology.com cannot be held liable for any prejudice whatsoever resulting from a professional activity. Consequently, SAS hotels Charme&Design Carcassonne reserves the right to refuse any order or to cancel any purchase, whatever the reason, in the following situations (among others), without being held responsible for any damage or expenses:

- the product is not available / in stock (any payment will be refunded);

- the order was detected by our security systems as unusual or likely to be a fraudulent order;

- the product(s) was incorrectly priced;

- We were unable to deliver the parcel to the address indicated.

At the purchaser's request, an invoice will be sent showing VAT.

Article 8: Delivery

Products purchased on www.spagemology.com are only delivered to countries belonging exclusively to the EEC and to the Euro zone, excluding French overseas departments and territories.

Shipping costs are free for all orders. Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area.

Delivery times are given as an indication only. If delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the purchaser reimbursed.

Article 9: Right to refuse an order or cancel a purchase

Our website www.spagemology.com cannot be held liable for any prejudice whatsoever resulting from a professional activity. Consequently, SAS hotels Charme&Design Carcassonne reserves the right to refuse any order or to cancel any purchase, whatever the reason, in the following situations (among others), without being held responsible for any damage or expenses:

- the product is not available / in stock (any payment will be refunded);

- the order was detected by our security systems as unusual or likely to be a fraudulent order;

- the product(s) was incorrectly priced;

- We were unable to deliver the parcel to the address indicated.

Article 10: Warranty

All our products are covered by the legal warranties of delivery in conformity (Code de la Consommation art. L 217-4 et seq.) and against hidden defects (Code Civil art 1641 et seq.), which allow the consumer to return products that are not in conformity or are defective.

Consumers have a period of two years from the date of delivery of the goods in which to take action under the legal guarantee of conformity, independently of any commercial guarantee. In the event of a lack of conformity of the goods, they may choose between replacing them or repairing them, subject to the cost conditions set out in article L.217-9 of the French Consumer Code. Consumers are not required to prove the existence of a lack of conformity for a period of twenty-four months following delivery of the goods. If the consumer invokes the guarantee against hidden defects (art. 1641 of the French Civil Code), they may choose between rescinding the sale or reducing the sale price (art. 1644 of the French Civil Code).

All claims, requests for exchange or reimbursement must be made within fourteen days of delivery, by email to spa@hotels-carcassonne.net or by post to the following address: SPA GEMOLOGY CARCASSONNE

Hôtel du Château

2 rue Camille Saint Saëns

11000 Carcassonne

Article 11: Liability

The seller, in the online sales process, is only bound by an obligation of means; it may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.

Article 12: Intellectual property

All elements of the SAS hôtels Charme&Design Carcassonne website are and remain the exclusive intellectual property of SAS hôtels Charme&Design Carcassonne.

No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual or audio.

Any simple link or hypertext link is strictly forbidden without the express written consent of SAS hôtels Charme&Design Carcassonne.

Article 12 : Intellectual property

All elements of the SAS hôtels Charme&Design Carcassonne website are and remain the exclusive intellectual property of SAS hôtels Charme&Design Carcassonne.

No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual or audio.

Any simple link or hypertext link is strictly forbidden without the express written consent of SAS hôtels Charme&Design Carcassonne.

Article 13: Personal data

In accordance with the law relating to data processing, the files and freedoms of January 6, 1978, information in personal matter relating to the purchasers could be the subject of an automated treatment.

SAS hôtels Charme&Design Carcassonne reserves the right to collect information about purchasers and, if it so wishes, to pass on the information collected to commercial partners.

Purchasers may object to the disclosure of their details by notifying SAS hôtels Charme&Design Carcassonne. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978.

The automated processing of information, including the management of e-mail addresses of users of the site was the subject of a declaration to the CNIL on 18/03/2013 registered under number 1660367.

Article 14 : Filing - Proof

SAS hôtels Charme&Design Carcassonne will file the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil code.

The computerized registers of the SAS hotels Charme&Design Carcassonne will be considered by the parts as proof of the communications, orders, payments and transactions intervened between the parts.

Article 15 : Settlement of disputes

The present conditions of sale on line are subjected to the French law.

In the event of a dispute, you may refer the matter to the Tourism and Travel Ombudsman, whose contact details and procedures are available on his website: www.mtv.travel

For orders placed on the website, you can also submit any complaints to the dispute resolution platform set up by the European Commission: http://ec.europa.eu/consumers/odr/. The European Commission will transfer your complaint to the competent national mediators.