Terms and Conditions of Sale
These general terms and conditions are common to all the services offered by Association Cité des Climats et vins de Bourgogne.
1. Acceptance of the Terms and Conditions of Sale
1.1. The General Terms and Conditions of Sale (hereafter “GTC”) apply, without restriction or reservation, to all sales transactions proposed by Association Cité des Climats et vins de Bourgogne, concluded with any natural person of legal age or legal entity, having the status of consumer or professional (hereafter the “Customer”) as intended in the preliminary articles of the Consumer Code. The GTCs are, depending on the nature of the sale transaction concluded, supplemented by the Purchase Order / or Quote or / Agreement, which prevails over these GTCs in the event of contradiction. Depending on the service sold, specific conditions apply.
These conditions are an integral part of the sale contract.
1.2.The Customer declares to have the legal capacity to establish a contract.
1.3.The Customer acknowledges having read these GTCs and the Special Conditions, as well as all the terms of the proposal before placing his order. The purchase of any services provided by Association Cité des Climats et vins de Bourgogne, is deemed as the Customer’s full adherence to these GTCs as well as to the special conditions of sale, and unreserved acceptance of all their stipulations.
Association Cité des Climats et vins de Bourgogne reserves the right to modify, at any time and without notice, these GTC and the Special Conditions applicable to its sales and services. In this case, the GTCs and/or Special Conditions applicable will be those in effect on the date of order placement by the Customer and can be viewed at the following website www.citeclimatsvins-bourgogne.com (hereafter the “website”).
Association Cité des Climats et vins de Bourgogne is only committed after confirmation of the availability of the service and/or product and the Order to the Customer, and payment by the Customer of the sum provided for in the Purchase Order / or Quote or / Agreement, whether it is a deposit or the full price.
3. Price and payment
All prices are displayed in Euros. They must be verified at the time that the Order is validated by the Customer. VAT is always included.
The payment terms for each service are specified in the sale contract remitted to the Customer.
Unless otherwise specified in the Special Conditions, Association Cité des Climats et vins de Bourgogne accepts payment by:
• Credit card (Carte Bleue, Visa, Eurocard / Mastercard),
• Bank and postal cheques drawn on a French establishment,
• Wires: The costs for bank transfers are the responsibility of the Customer,
• Cash, which is only accepted at the sites of the different Cités des Climats et vins de Bourgogne located in CHABLIS, BEAUNE and MACON (hereafter “the Cités”),
• For the start of the service within 5 working days, only bank cards and cash are accepted.
No discount is granted for early payment.
The liability of each of the parties is limited to the commitments accepted by it under the terms of the Order; consequently, the liability of Association Cité des Climats et vins de Bourgogne cannot be incurred, in particular, in the event of damage arising from force majeure as intended in Article 1218 of the Civil Code. This will notably apply to strikes by means of transport or personnel, attacks, insurrection, riots, difficulties with energy supply, pandemic or epidemic and any prohibition issued by government authorities.
The liability of Association Cité des Climats et vins de Bourgogne may also not be engaged in case of occurrence of the following events:
Theft, loss of funds or valuables belonging to Customers or participants occurring during the service covered by the contract.
Damage that the Customer or participants may cause to themselves or others in fights or accidents, regardless of whether they result from intoxication by alcohol or drug use.
Damage, direct or indirect, and of any kind whatsoever, likely to affect the objects or materials left by the Customer or the participants on the occasion of the service covered by the contract.
Damages, direct or indirect, and of any kind whatsoever, that the Customer or the participants may cause against one or more service providers or their agents intervening under the contract.
Damage caused by the Customer or the participants to the materials, equipment and/or premises, of one or more service providers involved under the contract.
Any repairs or refunds that may appear necessary as a result of the aforementioned damage will be solely the responsibility of the Customer, who agrees to cover the costs of restoration.
Without prejudice to any compensation that may be obtained or claimed, in the event of non-compliance by the Customer with any of his obligations, in particular, in the event of non-payment of the price of the Order, in whole or in part, as well as in the event of action(s) by the Customer of a nature to harm the reputation and/or the brand image of Association Cité des Climats et vins de Bourgogne, the latter will be entitled to terminate all or part of the order, without notice, after formal notice by registered letter with acknowledgment of receipt which has remained unsuccessful for fifteen (15) days.
6. Personal data
In accordance with amended Law no.78-17 of 6 January 1978 relating to data processing, files and freedoms, and European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, Association Cité des Climats et vins de Bourgogne respects the confidentiality, integrity and security of the data that the Customer may be required to communicate to it when recording his order or filling it. The Customer has, under these provisions, a right of access, rectification, deletion and opposition to the processing of data concerning him by sending a request to Association Cité des Climats et vins de Bourgogne by postal or electronic mail to the address mentioned in the header of these GTCs.
Association Cité des Climats et vins de Bourgogne collects and retains the data exclusively and for the duration strictly necessary for completion of the Order and in the event of its contractual liability and/or gross negligence.
Association Cité des Climats et vins de Bourgogne reserves the right, where appropriate, to send the Customer’s data to partner companies solely for the purposes of arranging execution of the Order.
7. Publishing / Advertising
Association Cité des Climats et vins de Bourgogne is may reproduce or disseminate all or part of the data of the service on its website or on advertising media. The “data of the service” shall be considered to be the handwritten content of the company’s program as well as photographs in connection with the service, in film or digital format, which have been temporarily or definitively assigned to it by the Customer. The Customer hereby acknowledges assignment of the rights relating to the data of the service and expressly authorizes their
publication on the Internet or on advertising media as intended in Article 9 of the Civil Code and associated case law, notably regarding image rights. The Customer declares that he has obtained the express authorisations of the third parties appearing in the data of the service and, thus, releases the company from any third-party recourse against it aimed at prohibiting the publication of data of the service or to claim damages.
The Customer declares to be informed of the stipulations of the paragraphs of this article and of the possibility of refusing any publication and assignment of the data rights of the event by placing the mention “read and approved”, refusal of publication and assignment of rights on the copy of this document sent with the contract.
8. All conditions
A change in legislation, regulations or a court decision rendering one or more clauses of these GTCs null and void shall not affect the validity of the other provisions of these GTCs or the special conditions of sale.
9. Disputes and Mediation
Only French law is applicable to the Order.
In accordance with Articles L.611-1 and R.612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes, when a Customer has sent a written complaint to Association Cité des Climats et vins de Bourgogne without obtaining an answer or satisfaction, he may submit his complaint, free of charge, to La Médiation Tourisme et Voyage according to the terms specified on the latter’s website, accessible at the following address: www.mtv.travel/.
Sales conditions relation to ticketing
These Special Conditions apply to any purchase of a Ticket, a Coupled Ticket, a Workshop of Activity, as defined in article 1 below, purchased by the Customer from Association Cité des Climats et vins de Bourgogne on the www.citeclimatsvins-bourgogne.com website (hereafter the “Website”) or at the counters located in the Cités des Climats des vins de Bourgogne of Chablis, Macon or Beaune or the Cité de la Gastronomie de Dijon (hereafter “Cité”).
All terms defined below beginning with a capital letter, whether used in the singular or in the plural, shall have the following meaning within the framework of these Special Terms and Conditions of Sale:
- Ticket: means the entrance ticket entitling a person to a single entry to the tour route, for one or more of the Cités listed above. The Entrance Ticket may or may not be dated. In the case of an undated Entrance Ticket, it is valid for (1) year, this period of one (1) year starting from the date of purchase by the Customer.
- Coupled or Combined Ticket: means the entrance ticket entitling a person to a single entry to the tour route, for one or more of the Cités listed above combined with one or more Workshops or Activities.
- Activity: refers to a cultural, artistic or leisure service (notably including a guided tour, conference, etc.).
- Workshop: refers to a service and/or an internship in introduction to the art of wine tasting and/or wine-making and/or wine-growing culture.
- Customer: means any person purchasing a Ticket, Coupled Ticket, Activity or Workshop on the Website or at the counter, and who has accepted the General Terms and Conditions of Sale and Special Conditions of Sale in the manner specified below.
- Price list: refers to the price list of the Cités – one table per Cité appearing on the Website www.citeclimatsvins-bourgogne.com under “Ticketing”.
2. Purchases / Orders on the Website
2.1. Creation of a Customer account-/ Identification
To be able to place any order for a Ticket on the Website, the Customer must create an account or log in to their Customer account. The opening of a Customer account requires the entry of two (2) personal identifiers: an email address and a password.
To create his Customer account, the Customer must fill in all the information marked as mandatory. He declares that the information provided, for which he is solely responsible, is accurate and complete and does not in any way violate the rights of third parties, whatever they may be. The Customer must activate their account by clicking on an activation link sent by email. It is the Customer’s responsibility to ensure the confidentiality of the identifiers entered for the creation of their account. Any connection to a Customer’s account using the login details will be presumed to have been done by the Customer himself. Only the Customer is responsible for the use of his login information by third parties, or actions or statements made through his account, whether fraudulent or not.
The Customer may unsubscribe from the Site at any time, by sending his request to this effect from the site www.citeclimatsvins-bourgogne.com.
The subscription removal will be effective within a maximum of seven (7) days after such a request. The Customer will then no longer have access to his account, which will be deleted.
2.2. Order Establishment and Validation
On the Website, the Customer selects the type and number of Tickets that he considers to correspond to his needs, the summary of which is indicated in the “Your Cart” tab. In accordance with Article 1127-2 of the Civil Code, the Customer will be able to view the details of his order (including the characteristics of the Entry Tickets and Combined Tickets ordered, the billing and delivery address, the means of payment and the summary of prices), correct any errors, before confirming the order, and express his acceptance of the GTCs and these Special Conditions. The Customer validates his Order by clicking on “Validate” at the end of the order process and by ticking the box “I accept the General and Special Conditions of Sale”; the Customer thus declares to have read and accepted, without reservation, all the General and Special Conditions of Sale.
2.3. Payment for the Order
Payment for the Order on the Website is made exclusively by Visa, MasterCard or Eurocard credit card.
After verification of the order and acceptance of the General Terms and Conditions of Sale under the conditions stated above, the Customer is redirected to a secure payment server which allows him to make payment for the Order by means of entering his credit card details, which include the number, the expiry date as well as the cryptogram appearing on the back of the card.
The amount of the order is debited from the Customer’s bank account as soon as the transaction is finalized on the Website. The debit of the bank card is independent of printing of the Tickets.
In case of payment rejection from the payment centre, the transaction is automatically cancelled. Any online purchase is firm and final; no cancellation or modification of the Order by the Customer is possible once payment has been confirmed.
At the end of placing the order, the Customer receives a purchase confirmation email (proof of transaction), sent automatically by the booking system. The purchase confirmation includes:
- the order summary;
- the date, time and amount of the transaction;
- the downloadable ticket;
- a link to the Customer’s personal account.
This email has no value as a Ticket, as explained in point 3.
2.4. Order tracking
At any time, the Customer may view the summary of his orders by logging into his Customer account.
3.1. Obtaining / Printing the Ticket
Printing of the purchase confirmation email generated by the Website after validation and payment of the Order, does not constitute a Ticket. Under no circumstances can this document serve as a Ticket or allow access to the Cités.
The Tickets are available in the purchase confirmation email sent by Association Cité des Climats et vins de Bourgogne to the Customer, accessible from the website www.citeclimatsvins-bourgogne.com.
To be valid, the Ticket must be printed in one (1) copy on white A4 paper, blank on both sides. Tickets downloaded to mobile phones (m-tickets) are also accepted.
Each Ticket is provided with a QR Code allowing access to the Cité.
Good print quality is required. Tickets that are partially printed, soiled, damaged or illegible are not accepted and are considered invalid. To verify the good print quality, the Customer must ensure that the information on the Ticket as well as the QR Code are clearly legible. However, a duplicate may be issued at the counter upon presentation of a piece of identification and indication of the login and the date of booking, provided that the Ticket has not been used.
In the event of loss or theft of a Ticket or duplication of a Ticket, only the first person presenting said Ticket is considered to be the legitimate holder of the Ticket and may access the Cité. Under no circumstances may Cité des Climats et vins de Bourgogne association be held liable in the event of loss or theft of the Ticket.
3.2. Ticket Usage Restrictions
Any reproduction of the Ticket is prohibited.
Any resale of the Ticket is strictly prohibited.
Each Ticket permits access to the exhibitions only once, and any exit from these spaces is final. The Customer may enter each of the permanent exhibition halls ONCE in the course of a day.
Each Ticket validated through the visit of one of the exhibition halls must be used IN THE SAME DAY to visit the other exhibition halls.
4. Right of Retraction
Since the sale of Entrance Tickets and Combined Tickets constitute the provision of leisure activity services to be provided on a specified date or at a specified period, in accordance with the provisions of Article L.221 -28-12 of the Consumer Code, the provisions of Article L.221-18 of the same code relating to the consumer’s right of retraction are not applicable to the purchase of Combined Tickets and Tickets.
5. Conditions of cancellation and reimbursement
Whether the Ticket may be cancelled or modified depends on the nature of the Ticket and the service, as detailed below:
– Undated Tickets: valid for a period of (1) year from their date of issue. These Tickets may not be cancelled and are non-refundable.
They can be used ON ONE DAY, at the opening hours of the exhibition spaces, regardless of the time at which the Customer began his visit. Thus, if the visitor starts using his Ticket at the end of the day, he will have to visit all the exhibition halls before they close on the same day. Otherwise, his Ticket will be deemed used and he will not be able to return the next day with the same ticket.
– Dated Tickets and Coupled Tickets may not be cancelled or refunded. However, they can be modified under the following conditions:
o Possible postponement, once, for 12 months for Single Tickets.
o Postponement possible, once, within 12 months, for Coupled Tickets subject to a 48-hour notice period.
– Workshops and Activities may be cancelled, postponed or refunded under the following conditions:
o Cancellation more than 30 days before the start of the service: full refund.
o Cancellation less than 30 days before the start of the service: no refund possible.
o Date postponement possible once within 12 months with a notice period of 10 days
Any request to cancel or modify a dated Ticket must be sent by email to the following address: email@example.com
6. Closure of the Cité
6.1. Total or partial closure before the start of the visit
In the event of exceptional closure of the Cité, a new date of visit and, if applicable, Workshop, will be proposed to the Customer. The Customer may nevertheless, if he does not wish to reschedule his visit, request a refund of the Ticket. The price paid will then be refunded to him within 14 days, to the exclusion of any other compensation or indemnity whatsoever.
For dated Tickets, this refund request can only be made beyond the validity date of the Ticket.
No reimbursement will be made at the ticket windows of the Cités. Any refund request must be sent to the following email address: firstname.lastname@example.org
6.2. Total or partial closure during the visit
Association Cité des Climats et vins de Bourgogne cannot be held responsible in case of occurrence of an event of force majeure disrupting the proper execution of the visit of the Cité and resulting, if necessary, in its total or partial closure to the public. In the case, no reimbursement will be granted.
The same will apply to the need to close all or part of the Cité for reasons of general interest, risk of serious disturbances to public order, risk to the safety of persons or property.
7. Conditions of access
7.1. Reception and conditions of the visit
The Customer, with his Ticket, comes directly to the checkpoints at the Cité, during opening hours.
Access to the Cité is in the order of arrival of visitors in possession of a Ticket at the checkpoint.
Each of the activities for which a schedule is announced starts at the specific time. Thus, access will be refused to any person arriving late, without the possibility of refund or compensation. For a particular event, the Customer must arrive at least 15 minutes before the start of the event. The doors of the hall are closed from the start of the event and unoccupied seats are available for replacement. For technical or artistic reasons, access to the rooms is not guaranteed to latecomers.
The entrance is accessible to people with reduced mobility who can come to the reception area to facilitate their placement.
7.2. Ticket checks
Only the Ticket with a QR Code is valid to access the Cité.
All Tickets are systematically checked at the checkpoints of the Cité. This check is carried out by reading the QR Code appearing on the Ticket.
For discounted Tickets, proof of compliance with the conditions of application of the rate may be requested. In the event of non-compliance with the price applied, at the end of the check the Customer will be asked to pay the difference. Otherwise, he will be refused entry to the Cité.
8. Customer Service
For any information or questions relating to his Order or the Cité, the Customer may send an email to the following address: email@example.com.
SPECIAL CONDITIONS RELATIVE TO THE SALE OF CULTURAL
SERVICES EXCLUDING TICKETING
These Special Conditions apply to any purchase of a cultural service excluding ticketing (which may include a guided tour of one of the Cités, a Workshop, etc. – excluding any transport or accommodation service) (hereafter “Service”) ordered by the Customer from the wine tourism reception service of Association Cité des Climats et vins de Bourgogne.
The characteristics, special conditions and prices of the service, as indicated in the brochure, quote or proposal, will be contractual, as soon as the registration form is signed.
1. Purchases / Orders
As a departure from the GTC, a Service reservation is final only after confirmation to the Customer by Association Cité des Climats et vins de Bourgogne of the availability of the Service, and after receipt by Association Cité des Climats et vins de Bourgogne of full payment, at the time of signature, of the price of the Service as specified in the sale contract submitted to the Customer.
To place an Order, the Customer must contact Association Cité des Climats et vins de Bourgogne, by phone or email.
Association Cité des Climats et vins de Bourgogne will then send him, by postal mail or email, a quote, accompanied by these General and Special Conditions, which the Customer must return to Association Cité des Climats et vins de Bourgogne, signed, accompanied by full payment for the Service.
Association Cité des Climats et vins de Bourgogne is only committed after having received the quote signed by the Customer and full payment for the Service.
Upon validation of receipt of the signed quote and of full payment for the Service, by Association Cité des Climats et vins de Bourgogne, the Customer receives an email with order confirmation and summary of the Service.
No order can be changed after receipt of said confirmation email.
2. Right of Retraction
Since the sale of Services constitute the provision of leisure activity services to be provided on a specified date or at a specified period, in accordance with the provisions of Article L.221 -28-12 of the Consumer Code, the provisions of Article L.221-18 of the same code relating to the consumer’s right of retraction are not applicable to the purchase of Services.
3. Conditions of cancellation and reimbursement
3.1.1 Any cancellation of the Service by the Customer, after Association Cité des Climats et vins de Bourgogne has sent the confirmation email will not give rise to any refund of the price paid by the Customer. Similarly, any Service interrupted, shortened or not consumed by the Customer will not grant entitlement to any refund from Association Cité des Climats et vins de Bourgogne.
3.1.2 In the event of no-show at the start of the Service, Association Cité des Climats et vins de Bourgogne may only maintain the other Services if the Customer provides Association Cité des Climats et vins de Bourgogne, within 24 hours of the start of the initially planned service, with a written express request. No
reimbursement may not be granted following Services not consumed due to the Customer’s failure to be present at the initially foreseen start. If a late arrival were to generate additional costs for Association Cité des Climats et vins de Bourgogne, these costs would remain the responsibility of the Customer. Association Cité des Climats et vins de Bourgogne would then make its best efforts to guarantee the other services.
3.2 Transfer of the contract
In accordance with the aforementioned Article R211-7, the Customer may transfer his contract to a third party, provided that he informs Association Cité des Climats et vins de Bourgogne in writing no later than 7 days before the start of the service, precisely indicating the names and addresses of the transferee(s) and the participant(s) and justifying that they meet the same conditions as him to perform the service.
The transferor and the transferee will be jointly liable for payment of any balance of the price as well as any additional costs caused by this transfer. In any case, if the costs were higher than the aforementioned amounts, Association Cité des Climats et vins de Bourgogne would be owed the exact amount, which would be invoiced to the Customer upon presentation of supporting documents.
4. Cancellation/ modification at the initiative of Association Cité des Climats et vins de Bourgogne
If, due to a hazard beyond the control of Association Cité des Climats et vins de Bourgogne, the latter were forced to cancel or modify the Service, the following rules would apply:
In the event that the content of the Service is profoundly modified by Association Cité des Climats et vins de Bourgogne, the Customer may terminate his reservation by obtaining the return of all the sums paid, to the exclusion of any other sum.
However, he may also be able to subscribe to a new offer proposed by Association Cité des Climats et vins de Bourgogne. However, if he decides to participate in the modified service, he irrevocably waives any claim against Association Cité des Climats et vins de Bourgogne concerning modifications made to the service.
A service is “guaranteed” when it is not subject to a minimum number of participants.
In the event of cancellation of the Service by Association Cité des Climats et vins de Bourgogne, the Customer will be fully refunded.
The Customer will not be entitled to any compensation if cancellation of the stay:
- is imposed by circumstances of force majeure,
- occurs due to an insufficient number of participants less than 15 days before the Service.
5. Customer Service
For any information or questions relating to his Order or the Cité, the Customer may send an email to the following address: firstname.lastname@example.org.