GENERAL TERMS OF SALE: ONLINE TICKET SALES
ARTICLE 1: PREAMBLE
These general terms of sale (hereinafter the "General Terms of Sale") apply to any purchase of Tickets for visits to La Cité du Vin, run by the Fondation pour la Culture et les Civilisations du Vin, a foundation recognised as a public interest body by Decree on 11 December 2014, and with its registered office at 1 esplanade de Pontac, 33300 Bordeaux, if such purchase is made via the website accessible at www.laciteduvin.com (hereinafter "the Website").
The Customer is invited to read these General Terms of Sale carefully as they define the contractual relationship between the Customer and the Fondation pour la Culture et les Civilisations du Vin and the conditions applicable to the purchase of tickets online as well as the price list provided on the website on the "Offers & Prices” page.
The confirmation of an order for a Ticket on the Website implies the unreserved acceptance by the Customer of all the General Terms of Sale, which he/she recognises that he/she has read prior to confirming the purchase.
The General Terms of Sale applicable are those available on the Website on the date of purchasing the Ticket. The Fondation pour la Culture et les Civilisations du Vin reserves the right to adapt or amend the General Terms of Sale, bearing in mind that such changes to the General Terms of Sale will only be applicable to purchases of Tickets made after the date of their entry into force as they are given on the Website.
ARTICLE 2: DEFINITIONS
All the terms defined below beginning with a capital letter, whether they are used in the singular or the plural, shall have the following meaning with respect to the General Terms of Sale:
"Ticket" refers to:
·an admission ticket entitling one person to one admission to La Cité du Vin;
·or the voucher proving that a person has taken out an annual subscription enabling him/her to visit La Cité du Vin, this period of one (1) year commencing on the date of the first use of the voucher,
whatever the method of issuing and the medium of the ticket, purchased on the Website by the Customer.
"Customer" refers to any consumer purchasing a Ticket in the Website and accepting the General Terms of Sale in accordance with the terms set out in Article 3.2 below.
"Price list" refers to the price list of the Fondation pour la Culture et les Civilisations du Vin provided on the website on the "Offers and Prices" page.
ARTICLE 3: CONDITIONS OF PURCHASE
3.1 - METHOD OF PURCHASE
3.1.1 Opening of a personal account
Before making a first order, the Customer must create a personal account and to this effect complete the registration form provided in the "Create an account” tab on the Website.
Opening a personal account involves in particular the entering of two (2) identifiers: an e-mail address (login) and a password.
The Customer undertakes to complete the registration form, ensuring that he/she enters all the necessary, complete and accurate information, and where appropriate, to update it in the event of any changes in the future.
The Customer's identifiers are personal and must be treated as confidential. The Customer undertakes not to disclose them to any third party or transfer them.
The Customer is responsible for the use of his/her identifiers and, where necessary, for informing the Fondation pour la Culture et les Civilisations du Vin immediately in writing in the event of any use being made of his/her identifiers without his/her consent so that the Fondation pour la Culture et les Civilisations du Vin may disable the said identifiers.
For the purpose of processing his/her application, the Customer must provide the Fondation pour la Culture et les Civilisations du Vin with his/full identity including his/her e-mail address.
3.1.2 Method of placing an order
The Customer undertakes to complete the order form taking care to give the necessary, complete and accurate information.
The Customer selects the type of Tickets he/she wishes to order by clicking on the "Your ticket” tab and entering the number of Tickets. He/she may check the Tickets selected at any time by clicking on the "Your selection” tab.
The amount of the Customer's order may not exceed €300.
A voucher granting free access or certain Tickets at preferential rates may only be obtained at the La Cité du Vin box office, on presentation of the necessary justification.
The Customer acknowledges that he/she is aware of the services, price reductions and, where applicable, free admissions which he/she may claim for his/her visit (after consulting the website, "Offers & prices” page), as the services, price reductions and free admission available on the Website may differ from the services, price reductions and free entries liable to be obtained by the Customer directly from the box office on the day of the visit.
Orders are subject to these General Terms of Sale as well as the house rules of La Cité du Vin.
For safety reasons, the purchase of Tickets does not guarantee access to La Cité du Vin in the event of large crowds forming that exceed the capacity of La Cité du Vin to receive them. The Ticket will remain valid on another occasion if the Customer presents it again, for all the services subscribed to, or the Customer may, if he/she prefers, request an immediate refund, in accordance with Article 5.2.
3.2 – METHOD OF ACCEPTING THE GENERAL TERMS OF SALE
By clicking on "Validate” on completion of the order process and checking the box “I accept the General Terms of Sale”, the Customer declares that he/she has read and unreservedly accepts all the General Terms of Sale.
3.3 – METHOD OF PAYMENT
Online payments are made exclusively by bank card (Visa, MasterCard or Eurocard).
After checking the order and accepting the General Terms of Sale as described above, the Customer is redirected to a secure payment site, where he/she can make the online payment by entering his/her bank card details, namely the number, date of expiry as well as the card security code on the back of the card.
The amount of the order will be debited from the Customer's card as soon as the transaction on the Website is approved. The debiting of the bank card is separate from the printing of the Tickets.
If the payment is rejected by the payment centre, the transaction will automatically be cancelled. All online purchases are firm and final. the Customer may not cancel or alter his/her order once the payment has been confirmed.
On completion of his/her order, the Customer will receive a purchase confirmation e-mail (proof of the transaction), sent automatically by the secure payment system. The proof of transaction includes:
- a summary of the order;
- the date, time and amount of the transaction;
- a link to the Customer personal account enabling him/her to pint out the invoice and reprint the Tickets.
This e-mail cannot be used as a Ticket, the latter only being issued under the conditions set out in Article 4.3 "Issuing of Tickets" below.
ARTICLE 4 – TICKETS
4.1 – RESTRICTIONS ON THE USE OF THE TICKET
Subject to the stipulations of Articles 3.2 and 5 of the General Terms of Sale, Tickets may not be returned, exchanged or refunded.
Any reproduction of the Ticket is prohibited.
Any resale of the Ticket is strictly prohibited.
The annual subscription only allows one admission per day to La Cité du Vin.
4.2 - TICKET PRICES
Ticket prices are given in Euros and may only be paid in Euros. The Ticket price is given on the Website.
The rate applicable is the rate in force on the day the Customer places the order.
4.3 - ISSUING OF TICKETS
The print-out of the purchase confirmation e-mail sent to the Customer by the Fondation pour la Culture et les Civilisations du Vin is not a Ticket. On no account may this document serve as a Ticket and give access to La Cité du Vin.
Undated Tickets or vouchers proving the purchase of annual ticket, printable at home, are available and can be printed by the Customer up to the date of his/her visit by clicking on the link in the purchase confirmation email or from the Customer personal account, which is accessible from the Website. To be valid, one (1) copy of the Ticket must be printed on white A4 paper, blank on both sides.
Tickets downloadable onto mobile telephones (m-tickets) are also accepted.
Each Ticket contains a barcode giving access to La Cité du Vin.
A good quality print-out is necessary. Tickets that are partially printed, soiled, damaged or illegible are not accepted and are considered as invalid. To check the quality of the print-out, the Customer must ensure that the information written on the Ticket as well as the barcode are perfectly legible.
If the visitor forgets his/her ticket, a duplicate can be printed on the automatic admission ticket vending machines. To reprint the Ticket, the Customer must have his/her transaction number. This can be found in the purchase confirmation e-mail.
In the event of the loss or theft of a Ticket or the duplication of Ticket, only the first person presenting the said Ticket will be considered as the legitimate bearer of the Ticket and granted access to La Cité du Vin.
The Fondation pour la Culture et les Civilisations du Vin may not under any circumstances be held liable in the event of the loss or theft of the Ticket. However, a duplicate can be issued at the box office on presentation of an identity document and providing the identifier and date of booking, subject to the Ticket not having been used.
ARTICLE 5– REFUNDS
5.1 - No right of withdrawal
As the sale of Tickets to visit La Cité du Vin constitutes the provision of a leisure service to be provided on a given date or over a given period, in accordance with the provisions of Article L.121-21-8 12) of the Consumer Code, the provisions of Article L.121-21 of the same Code relating to the customer's right of withdrawal do not apply to the purchase of Tickets.
5.2 – Partial or total closure of La Cité du Vin before the beginning of the visit
The Fondation pour la Culture et les Civilisations du Vin may need to restrict its opening hours or close La Cité du Vin. In the latter eventuality and insofar as the Customer can prove that he/she will be unable to come back at a later date, the face value of the Ticket paid by the Customer will be refunded by the Fondation pour la Culture et les Civilisations du Vin, to the exclusion of any other type of damages or compensation.
Under these conditions, the refund will be made after the Customer makes a written request, specifying the date when he/she was unable to visit La Cité du Vin, accompanied by any document proving that fact, and enclosing a bank identification slip and the Ticket in question. Before any refund is made, the Ticket will be cancelled by the Fondation pour la Culture et les Civilisations du Vin.
Such a request for a refund may not be made after the expiry of the Ticket. No refunds will be given on site.
The request must be sent to this address: Fondation pour la Culture et les Civilisations du Vin – Secrétariat Général – 1 esplanade de Pontac 33300 Bordeaux.
5.3 – Partial or total closure of La Cité du Vin during the visit
The Fondation pour la Culture et les Civilisations du Vin may not be held liable in the event of any force majeure disrupting the normal course of the visit to La Cité du Vin and leading, where appropriate, to its partial or total closure to the public. In this case, no refund will be given.
The same will apply if the Fondation pour la Culture et les Civilisations du Vin is obliged to close all or part of La Cité du Vin for public interest reasons, if there is a risk of serious public disorder, or a risk to the safety of people or property.
ARTICLE 6 – CONDITIONS OF ACCESS TO LA CITÉ DU VIN
6.1 – VISITOR RECEPTION AND CONDITIONS OF THE VISIT
The Customer, goes directly to one of the control points inside La Cité du Vin, with his/her Ticket, during the opening hours specified on the Website.
Admission to La Cité du Vin is in the order in which visitors in possession of a Ticket arrive at the control points.
6.2 - CHECKING TICKETS
Only Tickets with a barcode are valid for admission to La Cité du Vin.
All Tickets are systematically checked at the time of entering La Cité du Vin. These checks are made by reading the barcode on the Ticket.
In the case of an annual ticket, the first time the Customer visits La Cité du Vin he/she must go to the reception desk exchange the printed out voucher for a nominative card with an identity photograph.
ARTICLE 7 – LIABILITY
The visit of La Cité du Vin takes place under the sole responsibility of the Customer.
The Customer will be held liable for any damage, direct or indirect, that he/she may cause, or caused by any person or item in his/her custody, on the occasion of their presence inside La Cité du Vin, whether the damage is caused to the staff and/or clientele of La Cité du Vin, or to any equipment made available to the Customer by the Fondation pour la Culture et les Civilisations du Vin.
The Fondation pour la Culture et les Civilisations du Vin may not be held liable for its failure or fulfil or the incorrect fulfilment of its obligations under the General Terms of Sale if that failure is attributable to the Customer, or to an unforeseeable or insurmountable event due caused by a third party to the contract, or a case of force majeure.
ARTICLE 8– SECURE PAYMENTS
The Website is a secure site.
The PAYZEN secure payment system uses the SSL encryption process.
The Fondation pour la Culture et les Civilisations du Vin guarantees that the encryption equipment and services used to secure the transactions have been the subject of an authorisation or declaration in application of current legislation.
ARTICLE 9 – CANCELLATION OF THE PERSONAL ACCOUNT
The Customer may cancel his/her personal account by sending a letter or e-mail to the Fondation pour la Culture et les Civilisations du Vin: Fondation pour la Culture et les Civilisations du Vin – Secrétariat Général – 1 esplanade de Pontac 33300 Bordeaux.
The Fondation pour la Culture et les Civilisations du Vin reserves the right to cancel the Customer's personal account, as of right, without warning and without any legal formalities being necessary, or compensation being payable, by electronic mail or by a simple letter in the following cases:
- use of the ticketing service or Website in a way that is contrary to either public policy or accepted principles of morality;
- infringement of the intellectual property rights of the Fondation pour la Culture et les Civilisations du Vin and/or those of any third party;
- act affecting the operation of the online ticketing service and/or the Website;
- loss, misappropriation, or unauthorised or fraudulent use of the user login and password;
- any other failure to fulfil his/her obligations under the General Terms of Sale on the part of the customer.
The Fondation pour la Culture et les Civilisations du Vin may not on any account be held liable towards the Customer or any third party for the cancellation of an account occurring under the conditions provided for in this article.
ARTICLE 10 – OTHER PROVISIONS
10.1 – ELECTRONIC ARCHIVING
The Fondation pour la Culture et les Civilisations du Vin archives its orders and payment receipts on a reliable, durable backup storage medium that provides a faithful copy in accordance with current legislation.
Subject to the application of any imperative provision pertaining to the retention of consumer contracts (10 years for contracts entered into by electronic means concerning an amount of €120 or more pursuant to Article L 134-2 of the Consumer Code), the Fondation pour la Culture et les Civilisations du Vin keeps these storage media for a period of three (3) years, as of the visit to La Cité du Vin by the Customer. The Fondation pour la Culture et les Civilisations du Vin undertakes to guarantee access to the Customer at any time and to provide him/her with a copy of the General Terms of Sale, if the latter requests it of the Fondation pour la Culture et les Civilisations du Vin by writing to the address given in Article 10.7 hereof.
The Fondation pour la Culture et les Civilisations du Vin's computerised records are considered by the Parties as proof of the communications, orders, payments and transactions occurring between them.
The Customer accepts that all the correspondence and/or communication and/or transmission of information that takes place between the Fondation pour la Culture et les Civilisations du Vin by electronic means are deemed to have the same conclusive force as a written document on a paper medium.
10.2 – CUSTOMER SERVICE DEPARTMENT
For any information or questions relating to La Cité du Vin, the Customer may send:
·an e-mail to this address: firstname.lastname@example.org;
·a letter to this address: Fondation pour la Culture et les Civilisations du Vin, 1 esplanade de Pontac 33300 Bordeaux.
10.3 – ORDER TRACKING
The Customer may consult the summary of his/her orders at any time, by connecting to his/her personal account.
10.4 – INVALIDITY:
If one of the stipulations of the General Terms of Sale were to be found to be invalid in respect of a current law or a final court ruling, it would be deemed unwritten, without invalidating the entire contract or altering the validity of its other stipulations.
10.5 – MEDIATION
In the event of any disputes that may arise, the Customer has the possibility, before taking legal action, of undertaking voluntary mediation procedure, free of charge, or any other way of settling disagreements in order to reach an amicable arrangement.
In particular, the Customer may contact the consumer affairs mediator for the sector of business that the Fondation pour la Culture et les Civilisations du Vin belongs to, namelyTravel and tourism.
The address of said mediator's website is the following: http://www.economie.gouv.fr/mediation-conso.
10.6 - APPLICABLE LAW –DISPUTES
Sales of the Tickets concerned by these General Terms of Sale are subject to French law.
In the event of a complaint, the Customer may contact the customer service department whose details are given in Article 10.2 of the General Terms of Sale.
In the event of a dispute, Parties will bring the matter before the courts with jurisdiction.
10.7 - ADDRESSES FOR SERVICE
For the execution hereof and for any acts that follow on from or are a consequence hereof, the Parties' addresses for service will be as follows:
For the Fondation pour la Culture et les Civilisations du Vin: 1 esplanade de Pontac, 33300 Bordeaux
For the Customer: At the address specified in his/her order.