TERMS OF SALES
Between
La Ferme du Banoyard, represented by GIRASOL sprl
Banoyard 817 - B-4910 Theux
Mobile: 32 (0) 479 890 726
IBAN: BE34 0018 8473 8490 (BIC: GEBABEBB)
VAT – ECB number: BE 0809 713 141
Manager of its site on the elloha.com platform, duly authorized for the purposes hereof.
Hereinafter referred to as the ""Seller""
Firstly,
And the natural or legal person making the online purchase of products or services from the Ferme du Banoyard, represented by GIRASOL sprl,
Hereinafter referred to as "the Buyer", or "the Customer"
On the other hand,
It was explained and agreed as follows:
1. General provisions
1-1 These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our establishment, the contact details of which are specified in this reservation confirmation document. They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties. These general conditions of sale apply to all reservations made online, via our reservation platform.
1-2 The Customer declares to have read all of these General Conditions of Sale and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
1-3 The Customer declares to be able to contract legally under Belgian law or to validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the seller constitutes proof of all transactions.
2. Reservation
2-1 The customer chooses the services presented on our booking platform.He acknowledges having read the nature, destination and reservation methods of the services available on the seller's reservation platform and having requested and obtained the necessary and/or additional information to make his reservation in full knowledge of the facts.
2-2 The customer is solely responsible for his choice of services and their suitability for his needs, so that the seller cannot be held liable in this regard.
2-3 The reservation is deemed accepted by the customer at the end of the reservation process.
3. Booking process
3-1 Reservations made by the customer are made via the dematerialized reservation form accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation voucher.
3-2The customer agrees, prior to any reservation, to complete the information requested on the voucher or the reservation request. The customer certifies the veracity and accuracy of the information provided. After the final choice of the services to be reserved, the reservation procedure includes in particular the entry of the bank card in the event of a request for guarantee or prepayment, consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate. before the validation of the reservation and, finally, the validation of the reservation by the customer.
4. Acknowledgment of receipt of the reservation
4-1 The seller, via the reservation platform, acknowledges receipt of the customer's reservation by automatically sending an e-mail.In the case of online booking, the acknowledgment of receipt of the reservation by e-mail summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date of reservation made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit his complaints.
5. Cancellation or modification by the customer
5-1 The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation. Reservations with prepayment cannot be modified and/or canceled. The amounts paid in advance that are the deposit will not be refunded. In this case, it is mentioned in the conditions of sale and cancellation of the rate.
5-2When the conditions of sale and cancellation of the reserved rate allow it, the cancellation of the reservation can be made directly with the establishment, whose telephone numbers are specified on the confirmation of the reservation sent by e-mail.
5-3 All reservations are nominative and cannot under any circumstances be transferred to a third party, whether free of charge or against payment.
6. Consumption of the service
6-1 In application of the regulations in force in Belgium, the customer may be asked, on arrival, to complete a police form. To do this, the customer will be asked to present an identity document in order to check whether or not he must complete the police form.
6-2Any behavior contrary to morality and public order will lead the establishment to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made.
6-3 The customer accepts and undertakes to respect the internal regulations, accessible via this link . In the event of non-compliance by the customer with one of the provisions of the Internal Regulations, the establishment will be obliged to invite the customer to leave the establishment without any compensation and or without any refund if a payment has already been made. been carried out.
7. Liability
7-1 The photographs presented on the seller's booking platform are not contractual.Even if all the best efforts are made so that the photographs, graphic representations and the texts reproduced to illustrate the establishment presented give as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day of consumption of the service.
7-2 The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, due to the customer, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of prepayment not authorized by the bearer's bank.
7-3 Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter.
8. Complaints
8-1 Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to the attention of the seller in writing and by registered mail within eight days after the date of departure from the establishment.
9. Price
9-1 The prices relating to the reservation of services are indicated before and during the reservation.
9-2 Unless otherwise stipulated, the prices mentioned on the booking platform are expressed in euros and include VAT. Any royalties and other taxes are not included. All current and future taxes as well as all levies and additional costs, of whatever nature, related to the sale, are the responsibility of the Customer.
9-3 The prices are confirmed to the customer in the amount including tax, in euros, and are only valid for the duration indicated on the booking platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer. All reservations, whatever their origin, are payable in euros.
9-4 Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.) if applicable, presented on the rates page, are to be paid directly on site with the establishment.
9-5 The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to VAT will be automatically passed on to the prices indicated on the date of invoicing.
9-6 Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be passed on to the prices indicated on the date of invoicing.
10. Payment
10-1 Payment is due immediately upon order, including for pre-order products.
10-2 The Customer can make the payment via Paypal or by payment card, via Stripe. Cards issued by banks domiciled outside Belgium must be international bank cards (Mastercard or Visa).
10-3 Secure online payment by credit card is made by the seller's payment provider.The information transmitted is encrypted in the state of the art and cannot be read during transport on the Stripe network which is certified as a level 1 PCI service provider, the highest level of security in the industry. of the payment.
10-4 Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. The commitment to pay given by card is irrevocable.
10-5 By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card or Paypal account to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card or the Paypal account, the Sale is immediately resolved as of right and the order cancelled.
10-6In the event of no show (reservation not canceled – customer not present) of a reservation guaranteed by credit card, the establishment will debit the customer, as a lump sum, of the amount indicated in its general conditions and special conditions of sale and cancellation.
10-7 The establishment has chosen elloha.com/stripe.com to secure online payments by credit card. The validity of the customer's payment card is verified by stripe.com. There may be a refusal of the payment card for several reasons: stolen card, blocked card, ceiling reached, input error... In the event of a problem, the customer must contact his bank on the one hand, the establishment on the other hand to confirm his reservation and his method of payment. In the case of a rate subject to online prepayment, the amount paid in advance, which is the deposit, is debited at the time of booking.
10-8An invoice is automatically generated electronically at the time of booking and once payment has been made. The original file is certified and available online at the internet address provided by the seller in the confirmation email.
11. Privacy
11-1 The client is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers by the presence of an asterisk.
11-2 The information processed is intended for the establishment, elloha.com, its entities, its partners, its service providers (and in particular online payment service providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication proves to be compatible with the performance of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Charter for the protection of personal data. In particular when paying online, the customer's bank details must be transmitted by the payment provider stripe.com to the bank of the establishment, for the execution of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection within the meaning of the Data Protection Act. However, the customer agrees to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com in their capacity as professionals, have undertaken vis-à-vis the establishment to take all security and data confidentiality measures for said data transfers.
12. Agreement of proof
12-1The entry of the required banking information, as well as the acceptance of these general conditions and the voucher or the reservation request, constitute an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the computer systems of elloha.com. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that his IP address is registered at the time of booking.
13. Force majeure
13-1 Force majeure means any event external to the parties that is both unpredictable and insurmountable and prevents either the customer or the seller from fulfilling all or part of the obligations provided for in the contract. Are considered as cases of force majeure or fortuitous events those usually recognized by the jurisprudence of the Belgian Courts and Tribunals .
13-2Each party cannot be held liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the cost of the resulting costs.
14. Jurisdiction and applicable law
14-1 Only Belgian law is applicable.
14-2 Only the French version of these general conditions is legally binding. Any translations would be provided for informational purposes only.
14-3 All disputes arising from the contract or in connection with it, will be settled definitively and exclusively by the Commercial Court of Verviers.
15. Entirety
15-1These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or the reservation request express the entirety of the obligations of the parties.
15-2 No general or specific condition communicated by the customer can be incorporated into these general conditions.
15-3 The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or the reservation request (including the special conditions of the reserved rate) and these general conditions.
15-4 In the event of a contradiction between the booking form and the general conditions, the provisions appearing on the booking form will be the only ones applicable for the obligation in question.
15-5These general conditions of sale by internet may be modified and/or supplemented by the establishment at any time. In this case, the new version of the general conditions of sale by internet will be put online by the establishment.
15-6 The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the reservation.