General terms and conditions of sale

Foreword

L’INCANTU is a hotel company offering accommodation, restaurant and bar services, tourist products either including transport or not and other related activities; scuba diving and diver transport services are provided by A LUCERNA.
L’INCANTU is registered in the Bastia Trade and Companies Register under number 389 913 229 00016.
A LUCERNA is registered in the Bastia Trade and Companies Register under number 438 945 289 00017.

For the application of these general terms and conditions of sale and service (hereinafter referred to as the “T&Cs”), it is agreed that L’INCANTU and the persons ordering one or more products or services, will be collectively referred to as the “Parties” and individually referred to as the or a “Party”, and more particularly for “L’INCANTU” or the “Vendor”, and for the persons having placed an order, the “Buyer” or the “Customer”.

Article 1. Purpose

L’INCANTU hereby defines the General Terms and Conditions which are applicable to the sole commercial relationship defining the on-line sale of the product known as the “diving licence”.
All other products or services offered by L’INCANTU or A LUCERNA cannot be purchased directly online. They can be booked and paid for online, but will be the subject of a specific contract between the “parties”.
The T&Cs, including the foreword, which together form an indivisible whole, apply to the exclusion of any other document, unless otherwise agreed by the parties by means of special conditions of sale. They also govern all commercial operations offered by the vendor, such as, in particular, all forms of special offers, unless provisions to the contrary are attached to these commercial operations and specified by the vendor at the time of those operations.

Any order for a product or service implies the buyer’s acceptance of these T&Cs, without reservation, restriction or condition.

L’INCANTU reserves the right to modify the T&Cs at any time, in whole or in part, by publishing a new version on its Website, it being specified that the applicable T&Cs are those applicable on the order date.

Article 2. Products – Services

Only the products and services listed on the Website or on the legal notice boards on site on the day of their viewing by the buyer are offered for sale by L’INCANTU. The offers concerning the products and services are valid within the limit of available stocks or opening dates, as long as they are visible or offered on the Website or the said notice boards.

The photographs, images or other reproductions presented on the Website to illustrate the products or services offered are not contractually binding. The buyer is invited to read the description of each product and service to find out about its availability, characteristics and, where applicable, any other information relating to its conditions of use.

The information relating to products and services may be modified by L’INCANTU at all times, and may be subject to updates, particularly concerning availability, between the time when the buyer reads it and their order.

L’Incantu makes every effort to ensure the accuracy of the information presented on the website, whatever its form or content. However, if a difference is found, particularly with regard to prices, between the website and the legal display on site, the information used will be that displayed or available on site at Résidence L’INCANTU.

Article 3. Prices

All prices are given in Euros and include VAT. The valid prices are those applicable at the time of the booking made by the Customer. The Vendor reserves the right to modify these prices at all times, in whole or in part.

Article 4. Payment – Ownership

4.1 Payment

Payment of the price and other charges or taxes is made in Euros and for the full amounts corresponding to the orders.
Payment is by credit card via the website. This server is secured by S.S.L (Secure Socket Layer) encryption in order to protect all data linked to means of payment. At no time will the buyer’s bank details transit on the L’INCANTU computer system.

4.2 Retention of title clause

Concerning material goods: notwithstanding any clause or provision to the contrary, the vendor has a right of retention of title on any product ordered until full payment of the price, costs and taxes, if any, has been received by the vendor. The transfer of ownership of the product to the buyer will only occur once this payment has been made.

Article 5. Website – Terms of use

5.1 Website

L’INCANTU explicitly reserves the right at all times to modify, complete or delete all or part of the Website or its constituent parts, to temporarily suspend publication or to terminate it definitively.

L’INCANTU does not guarantee connection or continuity of connection to the Website.

L’INCANTU declines all liability for any consequences or damage suffered by the buyer due to or during the use, visit, connection or disconnection to the Website, including due to redirections to other websites via hypertext links present on the Website.

5.2 Terms of use

– Cookies:

L’INCANTU reserves the right to use cookies. A cookie is a computer file stored on the buyer’s computer hard drive. Its purpose is to indicate a previous visit of the buyer to the website. Cookies are only used by L’INCANTU to personalise the service offered to the buyer.

However, the buyer has the possibility of refusing cookies by configuring their Internet browser. They then lose the possibility of personalising the service delivered by L’INCANTU via the website.

– Web tags:

Some website pages may contain web tags which allow to count the number of visitors on the website and/or to provide L’INCANTU with a certain number of indicators.

These web tags can be used with some of L’INCANTU’s partners, notably in order to measure and improve the efficiency of the website.

In any case, the information obtained via these tags is strictly anonymous and simply allows to gather statistics on the visits to certain pages of the website, and this in order to better serve the buyers of the website.

Article 6. Miscellaneous

6.1 Force Majeure

L’INCANTU will not be held liable for the total or partial non-fulfilment of its obligations under the sales contract resulting from a validated order, if this non-fulfilment is caused by an event constituting force majeure, as usually applied according to the criteria defined by the case law of the French courts, and in particular in the event of disturbance or total or partial strike impacting the postal services and means of transport and/or communication, flood, fire or other natural disasters.

L’INCANTU will notify the buyer of a force majeure event within 10 business days of its occurrence.

The parties agree to consult each other as soon as possible in order to determine how the order will be processed during the force majeure period.

Beyond a period of (one) 1 month of interruption due to force majeure, the parties will be released from their obligations towards each other. If necessary, L’INCANTU will refund the buyer as soon as possible.

6.2 Intellectual property and trademark rights

L’INCANTU endeavours to respect the intellectual property rights for the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by itself or to use images, graphics, sound documents, video sequences and texts which are not subject to licensing;

All the trademarks named on the website which may be protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the relevant owners. The mere mention of trademarks does not imply that they are not protected by the rights of third parties. Reproduction or use of such images, graphics, sound documents, video sequences and texts in other electronic or printed publications is prohibited without the express permission of L’INCANTU.

6.3 Entirety of the contract

The T&Cs and the documents sent to the purchaser form a contractual whole summarising the entirety of the sales contract between the parties for the order.

If one or more of the provisions of the T&Cs were to be considered invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other provisions shall nevertheless retain their full force and scope.

The fact that one of the parties does not avail itself of a breach at a given moment in time by the other party of one of the obligations referred to in the T&Cs in no way affects the right of the party concerned to invoke this obligation at any other time.

6.4 Preservation and archiving of transactions

L’INCANTU reserves the right to choose the media necessary for archiving invoices and other documents relating to any transaction in order to keep reliable, faithful and lasting traceability.

6.5 Applicable law – Competent jurisdictions

The T&Cs and the contractual relations between the parties are subject to French law to the exclusion of any rule of conflict of law, including in the case of an order made outside France or by a buyer residing outside France.

In the event of any difficulty relating to the interpretation and/or application of these general terms and conditions of sale, the parties will make every effort to resolve their dispute amicably. Should these attempts fail, any disputes arising from these terms and conditions must be brought before the competent courts within the jurisdiction of the BASTIA Courts, even in the event of multiple defendants or the introduction of third parties.