Conditions Générales de Vente

PREAMBLE


I-/ Definitions


For the purposes of the present General Terms and Conditions of Sale, the below terms are defined as follows: 

 

Gift voucher: The document that includes the offer, location, identification number, expiry date, and the description so that the offer can be used in an establishment. The gift certificate may be sent by post or through the internet. Confirmations and file tracking may be sent via email or SMS alerts. 

 

Gift box: The packaging sent by post.

A gift box contains the following:   

A gift certificate with a description of the service offered (which is on the website).  

An envelope containing the gift voucher. 

 

The electronic version of the gift voucher is sent by email, which must be printed. 

 

The gift boxes defined as such come in various themes such as "Gastronomy", "Stays", and "Well Being", etc…  La Réserve Genève, Hotel & Spa reserves the right to sell new gift boxes and to stop distributing them at its sole discretion at any given time. 

 

Establishment: The company that issues the gift voucher which assumes responsibility for collection, billing, tracking deliveries, service compliance, and all obligations related to the offer.

 

My Box Console: The online software licence that enables the establishment to offer these services and manage and track these offers.

 

Ogone: The company responsible for transaction security and payment.

 

Recipient: The person who uses the gift voucher. 

 

Service: The entire package that the establishment offers to the recipient. This is the service that the establishment using the My Box console provides to the recipient, selected from the range of offers on the website, subject to availability in the establishment on the dates that the recipient chooses. 

 

Customer: The person who buys a gift voucher, with the understanding that the customer might or might not be the recipient of the service, depending on whether the client will personally use the voucher, or if it is meant for another recipient.

 

Party(ies): The customer and/or La Réserve Genève, Hotel & Spa

 

Website: http://www.lareserve.secretbox.fr or http://lareserve.secret-box.ch 

 

 II-/ General terms and conditions of sale

 

Gift vouchers from La Réserve Genève, Hotel & Spa are available online at the URL address: http://www.lareserve.secretbox.fr or http://lareserve.secret-box.ch   

HMC Hotel Management Corporation SA / La Réserve Genève, Hotel & Spa has SA status and capital of 300000 CHF, with headquarters at 301 Route de Lausanne – 1293 Bellevue - Genève, registered under the federal number CH 660 107 0993-0 and the VAT code CHE 101.410.803. 

 

Please carefully read the present General Terms and Conditions in full, which define the terms and conditions under which La Réserve Genève, Hotel & Spa sells its gift vouchers.

 

The present General Terms and Conditions thus apply only to gift vouchers that are ordered on the website http://www.lareserve.secretbox.fr or http://lareserve.secret-box.ch  , directly by telephone: +41 22 959 5959, or at the reception area of the establishment.

 

These terms apply to the exclusion of all other terms, notably those applicable to in-store sales.  

If the origin of the offer is identified on a distributor website, the sale is conducted by the establishment and not by the distributor. 

The present General Terms and Conditions of Sale are valid from 1 February 2012. They nullify and replace all previous versions of these terms and conditions. 

 

La Réserve Genève, Hotel & Spa reserves the right to modify the present General Terms and Conditions at any given moment without prior notice, with the understanding that such modifications will not be applicable to orders that have been accepted and confirmed La Réserve Genève, Hotel & Spa beforehand.

 

All clients declare that, in compliance with Article 1124 of the Civil Code, they have the legal capacity to contract and use the website as per the General Terms and Conditions of Sale and of use of the website.  

 

ARTICLE 1: ORDER PLACEMENT PROCESS AND CONTRACT CREATION

 

You can directly place your gift package orders:  

- through the internet on the Website:  http://www.lareserve.secretbox.fr or http://lareserve.secret-box.ch    

- by telephone: +41 22 959 5959  (cost of a local call in Switzerland) from Monday to Sunday.

- Or directly with the establishment. 

 

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

Selecting one or several gift packages on the website; 

Following this selection, a summary of all the selections and the total price of the selected gift packages, your contact information, shipping charges (for orders sent by post), and your mode of payment, will enable you to check the details of your order and accordingly make any necessary modifications before your order will be definitively saved; 

Your "first click" will save your order, provided that you have expressly agreed to the present General Terms and Conditions of Sale; 

Your order will be saved only after your final confirmation, through your "second click".  

For orders paid by debit card, the bank details will be saved during the "second click". However, your contract will be definitively concluded only after your bank has accepted the payment.  

From the definitive confirmation of your order (through your "second click"), we will send you an order confirmation email summarising all the elements related to the order. Printing and/or saving this email constitutes proof of your order.  

Once one or several gift vouchers have been ordered, the orderer will have access to an interface where the orders can be tracked. 

 

ARTICLE 2: GIFT VOUCHER TERMS AND CONDITIONS OF USE AND RESPONSIBILITY 

 

2.1: In the event that you are not the recipient of the gift voucher, you are asked to inform the recipient of the terms and conditions described below. 

 

2.2: The gift voucher must be authenticated in order to be valid. To authenticate your voucher, call La Réserve Genève, Hotel & Spa at: +41 22 959 5959 

 

2.3: Service will be provided only after presentation of the original of the gift voucher received by post or an email printout of the voucher.  

 

2.4: The gift voucher entitles its holder to Services from La Réserve Genève, Hotel & Spa as indicated on the Website, through either an online reservation or directly from the establishment. 

 

2.5: The gift package is valid for the dates and the days of the week indicated on the gift voucher.  

 

2.6: Gift voucher services do not include transport to the service location of the selected establishment.  

 

2.7: The photos in the gift package are not contractual.  Any partial or complete reproduction is prohibited.  

 

2.8: For reservations that are not made online, the service will be delivered after the establishment has verified the validity of and the full payment of the voucher. During this verification, the establishment checks the gift voucher number in order to confirm the effective activation of the voucher. 

 

2.9: Service provision is subject to the specific terms and conditions of the selected establishment, notably with respect to cancellation or modification of the reservation, age restrictions, and the physical conditions of the recipient(s).  

 

2.10: The establishment is solely responsible for satisfactory performance of the service. The distributor and La Réserve Genève, Hotel & Spa will not be held responsible on the grounds that they perform the service. La Réserve Genève, Hotel & Spa will however make its best effort to find an amicable solution to the dispute between the establishment and the recipient.   

 

2.11: The gift voucher may be exchanged for the whole duration of its validity, subject to certain conditions.  Please call the hotel directly on +41 22 959 5959 to hear about the exchange policy.  

 

2.12: in the event that the gift voucher is not used during its validity period, is lost, stolen, or destroyed, the recipient cannot claim reimbursement nor compensation of any nature. However, in the event that the recipient cannot use the gift voucher within the specified period, the recipient may contact the establishment.  

 

2.13: La Réserve Genève, Hotel & Spa declares that it holds professional civil liability insurance for amounts that are clearly sufficient for the provision of services, and has all the authorisations and diplomas that enable it to regularly exercise its activities in compliance with the applicable legal and regulatory requirements.  

 

However, the recipient may check that he or she already has sufficient insurance coverage, notably for certain sports activities considered as "risky". The recipient is reminded that the fact that services may be provided in proper security conditions does not exclude him or her from exercising basic caution in sports activities, especially activities considered as "risky".  The recipient thus accepts the risks.  

 

ARTICLE 3: PRICES AND TERMS AND CONDITIONS OF PAYMENT

 

3.1: Price

 

The gift package prices on the website are the applicable prices the day that the order is placed.  

 

 Gift packages are not subject to VAT.  

 

Shipping charges as defined in Article 6.4 for sending La Réserve Genève, Hotel & Spa packages are not included in the price, unless La Réserve Genève, Hotel & Spa has made express mention of including them.  These charges are thus billed as a supplement and specified prior to final confirmation of the order.  

Shipping rates are subject to a VAT.  

 

3.2: Payment terms and conditions

 

Orders may be paid by debit card according to the following terms and conditions:  

By a debit card that is included on the payment method page. (Visa, Eurocard/Mastercard, American Express): in the area meant for this purpose, fill in your card number, expiration date, and security code that is on the back of the card.  The entire amount of the order will be debited from the bank card the day of the order. La Réserve Genève, Hotel & Spa reserves the right to suspend order processing in the event that your bank refuses to authorise the payment.  The Ogone service will ensure the secure and confidential transmission of your bank details during your order (secure SSL encryption). 

 

ARTICLE 4: RIGHT OF RETRACTION

 

When purchasing a gift voucher, according to the federal Swiss law, you are not entitled to any right of revocation.  Therefore, no refund will be accepted after purchase.

Do not hesitate to contact the Customer Service for any enquiry: +41 22 959 5959

 

Customer Service Gift Vouchers

La Réserve Genève, Hotel & Spa,

301 Route de Lausanne

1293 Bellevue - Genève

Switzerland

 

 

ARTICLE 5: PROOF OF ORDER / ARCHIVING

 

You are expressly informed that the data saved in the La Réserve Genève, Hotel & Spa database has probative force with respect to placed orders, unless you provide proof of an obvious error.   

 

Data on electronic media and electronic data that is periodically saved constitutes admissible and opposable evidence with the same conditions and with the same probative force as any written document which would have been received and saved. 

 

ARTICLE 6: DELIVERY

 

6.1: Availability of gift vouchers

 

La Réserve Genève, Hotel & Spa gift vouchers are limited edition products, partly due to limited accommodation capacity, and partly due to the limited validity period of the gift vouchers. 

 

In the event that the item is temporarily or definitively out of stock, the client will be informed of this unavailability as this would prevent the order from being completed.

 

If the products are available, La Réserve Genève, Hotel & Spa commits to honoring all gift voucher orders from the client.   

If an order cannot be honored because the item is out of stock, two options are possible: 

- Cancel your order. You will be fully reimbursed within 30 days from the time of payment, at the latest. 

- Or you can make a gift voucher exchange as per the terms and conditions of Article 2.11. 

 

6.2: Delivery location

 

La Réserve Genève, Hotel & Spa only ships gift packages to the EU and Switzerland.  

The gift packages will be delivered to the address you provided at the time of ordering. La Réserve Genève, Hotel & Spa will thus not be in any way held responsible if you are absent at the time of delivery, or if you made a mistake in the address when you placed your order. It is incumbent upon you to contact La Réserve Genève, Hotel & Spa as per the terms stipulated in Article 11.  

 

6.3: Delivery method and times

 

Fedex/DHL will conduct the delivery.

You will receive an email confirming that your order has been shipped. This email will contain the tracking number from the transport company that you can use to track your order.  

Unless otherwise indicated on the website, delivery time depends on the payment method, as follows:  

If you pay by debit card and order a gift package on a business day12h00, the gift package will be shipped out on the same day. 

  

Shipping delivery delays for the EU and Switzerland:

-  If you order a gift voucher before 12.00pm, it will be delivered the next working day.

-  If you order a gift voucher after 12.00pm, it will be delivered within two working days.

Remember that there are no deliveries on Saturdays and Sundays.

 

This information is provided by the carrier and is resent to you for information only, without involving the responsibility of La Réserve Genève, Hotel & Spa.  

However if there is an obvious delay, La Réserve Genève, Hotel & Spa commits to taking all possible relevant action in order to control and settle any malfunctioning in the delivery service that is attributable to it. 

 

Electronic shipping: The customer may electronically send a gift voucher to the recipient. To do this, the customer checks the electronic shipping option. The gift voucher will then be sent in PDF form, which the recipient can download. The recipient will need to print the gift voucher, which is to be presented at the reception area of the establishment in order to receive the service. 

 

6.4: Shipping expenses

Shipping charges are flat rate and are additional to the package price, as follows: 

 

For standard delivery mode in the EU, (with tracking number): 

- From one  to three gift packages shipped to the same address: 28.00 CHF inclusive of all tax 

- Three or more gift packages shipped to the same address: 31.00 CHF  inclusive of all tax

 

For standard delivery mode in Switzerland, (with tracking number): 

- From one  to three gift packages shipped to the same address: complimentary delivery 

- Three gift packages or more shipped to the same address: 10.00 CHF  inclusive of all tax

 

ARTICLE 7: NON-CONFORMANCE

 

7.1: Reservations regarding damaged or missing items to be reported to the transport company

 

The Customer must thoroughly examine each gift package delivered, and any potential reservations must be reported on the transport company slip in the event of partial or total damage. 

The Customer must also inform and explain reservations by recorded delivery letter within 72 business hours from receipt of the disputed gift package.  

 

In the absence of reservations, the product is deemed as delivered in good condition, and will not be eligible for subsequent dispute with La Réserve Genève, Hotel & Spa.  

 

7.2: Mistake in the gift package

 

The customer must signal any mistake in the ordered gift packages by post or email ("Contact" section of the Website), within 72 business hours from reception of the order.  

Any claim that does not follow the rules of the present article and that is not made within the specified time period will not be considered and will free La Réserve Genève, Hotel & Spa of any responsibility with respect to the customer.   

 

ARTICLE 8: PROPERTY TRANSFER / RISK TRANSFER

 

The property and risks will be transferred when the gift package(s) are delivered to the customer.  

 

ARTICLE 9: DURATION VALIDITY OF THE GIFT PACKAGES

 

The gift packages have a limited validity period that is specified on the gift voucher.  

 

ARTICLE 10: CUSTOMER SERVICE-CLAIMS

 

Any other request for information or further details must be sent to La Réserve Genève, Hotel & Spa:

- either by phone at +41 22 959 5959 Monday to Sunday

- or through our website http://www.lareserve.secretbox.fr or http://lareserve.secret-box.ch    via the "Contact" section,  

- or by post at the following address:  

 

La Réserve Genève, Hotel & Spa

301 Route de Lausanne

1293 Bellevue - Genève

Switzerland

 

ARTICLE 11: CONTRACT INTEGRITY

 

If the gift package does not invoke one of the clauses of the present Terms and Conditions of Sale at one point or another, this may not be interpreted as a waiver from La Réserve Genève, Hotel & Spa to invoke one of the said terms or conditions at a later time.   

In the event that one of the present clauses is declared void or deemed as unwritten, the validity of the other clauses of the General Terms and Conditions of sale will not be called into question. 

 

ARTICLE 12: APPLICABLE LAW

 

The Swiss Federal Law governs the present Terms and Conditions of Sale and the contract concluded upon the order of a gift package, for all related disputes, notably with respect to its validity, interpretation, performance, and cancellation. 

 

ARTICLE 13: COMPETENT JURISDICTION (DISPUTE SETTLEMENT)

 

The applicable law is in Geneva.