PREAMBLE

I-/ Definitions

The terms defined below will have the following meanings in these General Conditions of Sale:

Gift Voucher: means the document containing the offer, location, validity number, validity date and description allowing you to benefit from an offer within an establishment. The Gift Voucher can be delivered by post and digitally. Confirmations or file follow-ups can be sent by email notifications or SMS.

Gift Box: means the packaging within the framework of a postal shipment.

A Gift Box is composed of the following elements:

- A Gift Voucher with the description of the service offered (and present on the Website).

- A pouch in which the Gift Voucher is packaged.

In the digital version, only an email will allow you to print the Gift Voucher.

The Gift Boxes thus defined are available in various thematic universes such as, for example, "Gourmet", "Romantic", "Well-being", etc.

Domaine des Prés Verts Spa reserves the right to supplement the list of Gift Boxes available for sale or to cease their distribution at its sole discretion and at any time.

Establishment: means the company issuing the Gift Voucher which is responsible for collections, invoicing, delivery monitoring, compliance of the service and all obligations relating to the offer.

Shopify: means the software license online allowing an establishment to offer these services and to ensure the management and monitoring of these offers.

Ogone: refers to the company that ensures the security and payment of transactions.

Beneficiary: means the person using the Gift Voucher.

Service: means the entire offer provided by the establishment to the beneficiary. This is the service provided by the establishment using the Shopify solution to the beneficiary from the selection of offers contained in the Website, subject to the availability of the establishment on the dates chosen by the beneficiary.

Customer: means the person who purchases a Gift Voucher, it being understood that the Customer may or may not be the beneficiary of the service depending on whether it is for personal use or intended for a beneficiary.

Part(s): The Domaine des Prés Verts Spa

Site: means the Site http://bourgognechic.com

Personal data: means any information that allows, particularly on the Internet, a natural person to be directly or indirectly identified (surname, first name, email address).

Cookies: refers to small files sent to the hard drive of the User's computer in order to facilitate their navigation on the Site and to offer them the pages that best suit them when they return to the Site.

II-/ General conditions of sale

You are offered online Gift Vouchers to order with payment obligation, developed by Le Domaine des Prés Verts Spa under the URL: http://domainedespresverts.secretbox.fr/

Domaine des Prés Verts Spa has the status of an SARL with capital of 1500 Euros, whose registered office is at 10 Impasse des Prés Vers - Hameau de Pochey - 21230 JOUEY, France, registered under the Siret number 798 127 361 00011 and APE code 5520Z and RCS Dijon B 798 127 361

We invite you to read carefully all of these General Conditions of Sale which define the terms and conditions under which Le Domaine des Prés Verts Spa sells its Gift Vouchers.

These General Conditions of Sale therefore apply only to orders for Gift Vouchers placed on the Site http://domainedespresverts.secretbox.fr/, directly by telephone: + 33 (0)3 45 44 05 60.

These conditions apply to the exclusion of all other conditions, in particular those in force for in-store sales.

In the event that the origin of the offer is identified on a Distributor Site, the sale is made by the establishment and not by the distributor.

These General Conditions of Sale are valid from the ^1st September 2014. They cancel and replace, as of this date, all previous versions of these conditions and prevail over all other general conditions of the Client.

Le Domaine des Prés Verts Spa reserves the right to modify these General Conditions at any time, without notice, it being understood that such modifications will be inapplicable to orders previously accepted and confirmed by Le Domaine des Prés Verts Spa.

Any Customer declares that they have the legal capacity in accordance with article 1124 of the Civil Code to contract and use the Site in accordance with the General Conditions of Sale and use of the Site.

ARTICLE 1: PROCESS FOR PLACING ORDERS WITH OBLIGATION OF PAYMENT AND FORMATION OF THE CONTRACT

You can place your Gift Box orders directly:

• via the Internet on the Site: http://bourgognechic.com
• by phone: + 33 (0)3 45 44 05 60

The procedure for placing orders on the Site involves the following steps:

• Selection on the Site of one or more Gift Boxes;
• Following this selection, a summary showing all the choices and the total price of the selected Gift Boxes, your contact details, shipping costs (if ordering by post), your payment method, will allow you to check the details of your order and thus make the necessary changes, before the final registration of your order;
• Your "first click" will allow your order to be registered, subject to having expressly accepted these General Conditions of Sale;
• Your order will only be registered after your final validation, which will be shown by your "second click".
• In case of payment by bank card, This "second click" will correspond to the moment of registration of your bank details. However, your contract will only be definitively concluded after acceptance of the payment by your bank.
• Once your order has been definitively validated (as indicated by your "second click"), we will send you an email confirming your order, summarizing all the elements relating to it. By printing and/or keeping this email, you will have a means of proof attesting to your order.
• As soon as an order for one or more Gift Vouchers is placed, the sponsor will have access to an interface allowing them to track their orders.

ARTICLE 2: CONDITIONS OF USE OF GIFT VOUCHERS AND RESPONSIBILITY

2.1: In the event that you are not the beneficiary of the Gift Voucher, you are invited to bring to the beneficiary's attention the conditions set out below.

2.2: For the Gift Voucher to be valid, it must be validated. To do this, you must contact Le Domaine des Prés Verts Spa at the following number: + 33 (0)3 45 44 05 60.

2.3: Only the presentation of the original Gift Voucher received by post or printed from the email gives entitlement to a service.

2.4: The Gift Voucher entitles you to Services developed by Le Domaine des Prés Verts Spa, as indicated on the Site, whether through an online reservation or directly with the establishment.

2.5: The Gift Box is valid according to the dates and days of the week specified on the Gift Voucher.

2.6: The services of the Gift Voucher do not include transport to the place of service of the selected establishment.

2.7: The photographs presented in the Gift Box are not contractual. Any partial or complete reproduction is prohibited.

2.8: Except for online booking, the delivery of the service will take place after the establishment has checked the validity of the Gift Voucher and the full payment thereof. This check involves the establishment validating the Gift Voucher number to verify its effective activation.

2.9: In the event that the Distributor of the Gift Voucher is not the Provider of the offer included in the Gift Box, the delivery of the Service is subject to the specific conditions of the selected establishment, in particular in terms of cancellation or modification of the reservation, the age limit and the physical conditions of the beneficiary(ies).

2.10: In the event that the Distributor of the Gift Voucher is not the Provider of the offer included in the Gift Box, the latter is solely responsible for the proper execution of the service. The distributor and Le Domaine des Prés Verts Spa cannot be held liable for the execution of the service by the beneficiary. Le Domaine des Prés Verts Spa will nevertheless make its best efforts to try to find an amicable solution to the conflict between the establishment and the beneficiary.

2.11: In the event of non-use within its period of validity, loss, theft or destruction of the Gift Voucher, the beneficiary will not be able to claim a refund or compensation of any kind whatsoever. On the other hand, if a beneficiary cannot use their Gift Voucher within the planned period, we invite them to contact the establishment.

2.12: Domaine des Prés Verts Spa declares that it holds professional civil liability insurance for amounts that are clearly sufficient for the provision of services and that it possesses all the authorizations and accreditations allowing it to carry out its activities regularly and in accordance with the applicable legal and regulatory provisions.

However, the beneficiary is invited to check that he himself has sufficient insurance coverage, in particular for the practice of certain so-called "risky" sporting activities. The beneficiary is reminded that the provision of services in good safety conditions does not exempt him from observing the basic rules of caution for sporting activities, in particular those called "risky". The beneficiary accepts the risks accordingly.

ARTICLE 3: PRICE AND PAYMENT TERMS

Article 3.1: Price

The prices of the gift boxes, displayed on the Site, are those in effect on the day of the order.

Gift Boxes are outside the scope of VAT.

The shipping costs, defined in article 6.4, charged for the delivery of Le Domaine des Prés Verts Spa boxes are not included in the price, unless expressly mentioned by Le Domaine des Prés Verts Spa. These costs are therefore invoiced in addition and indicated before the final validation of your order.

Shipping costs are subject to VAT at a rate of 20%.

Article 3.2: Payment conditions

Payment for the order may be made by credit card, according to the following terms:

• By credit card depending on the cards indicated on the payment method page. (Carte Bleue, Carte Visa, Eurocard/Mastercard.): By indicating directly in the area provided for this purpose, the card number, its expiry date, as well as its control code located on the back of the card. The entire amount of the order will be debited from the credit card on the day of the order. Domaine des Prés Verts Spa reserves the right to suspend any processing of the order in the event of refusal of payment authorization by your bank. The Site allows you to transmit your bank details confidentially and securely, when you place your order (secure entry by SSL encryption) via the Ogone service.

ARTICLE 4: RIGHT OF WITHDRAWAL

When purchasing a Gift Voucher, under the terms of Article L.221-18 of the Consumer Code, you have a period of 14 clear days (from the date of receipt of the product) to exercise your right of withdrawal without having to provide reasons or pay penalties, with the exception of return costs.

A standard withdrawal form will be sent to you upon delivery of the order (or can be downloaded from the following link: “http://domainedespresverts.secretbox.fr/retraction”).

The return costs will be your responsibility. Only Gift Boxes and Vouchers returned on time and in perfect condition (Gift Boxes returned without the Gift Voucher, damaged, soiled, will not be accepted) will be refunded.

Gift Boxes must be returned to the following correspondence address:

The Green Meadows Spa Estate, 10 Impasse des Prés Verts - Hamlet of Pochey - 21230 JOUEY, France

Any return made in accordance with the conditions of this article will give rise to a refund of the full amount paid (with the exception of express delivery costs) no later than fourteen days after the days from receipt of the Gift Box in perfect condition, by check or bank transfer, which you declare to accept without reservation.

ARTICLE 5: PROOF OF ORDERS/ARCHIVING

You are expressly informed that, except in the event of a manifest error of which you provide proof, the data stored in the databases of Le Domaine des Prés Verts Spa have probative force with regard to orders placed.

Data on computer or electronic media stored regularly constitute admissible and enforceable evidence in the same terms and with the same probative force as any document received and stored in writing.

ARTICLE 6: DELIVERY

Article 6.1: Availability of Gift Vouchers

The Gift Vouchers from Le Domaine des Prés Verts Spa are products produced in limited quantities, partly due to limited reception capacities and partly due to the limited period of validity of the Gift Vouchers.

In the event of a temporary or permanent stock shortage, the Customer will be informed of this unavailability because the order cannot be completed.

If the products are available, Le Domaine des Prés Verts Spa undertakes to honor any order for Gift Vouchers from the Customer.

In the event that the Distributor of the Gift Voucher is not the Provider of the offer included in the Gift Box and if an order cannot be fulfilled due to a stock shortage, you have the option of canceling your order. You will then be reimbursed for the full amount paid, at the latest within fourteen days from the date on which you informed the Establishment of your wish to withdraw.

Article 6.2: Place of delivery

Domaine des Prés Verts Spa ships Gift Boxes only to EUROPE.

The Gift Boxes will be delivered to the address you indicated when placing your order. Domaine des Prés Verts Spa cannot therefore be held liable in any way whatsoever in the event of your absence upon delivery or in the event of a data entry error on your part when placing the order. It will be your responsibility to contact Domaine des Prés Verts Spa under the conditions set out in Article 10.

Article 6.3: Method of delivery and delivery time

• Delivery will be made by LA POSTE within a maximum of 3 to 5 working days from the placing of the order by the Customer.
• You will receive an email confirming the shipment of your order.

However, in the event of a clear delay, Le Domaine des Prés Verts Spa undertakes to implement all useful action in order to control and then resolve any malfunction of the transport service which is attributable to it.

We remind you that no Gift Box will be shipped on Saturday or Sunday.

Digital delivery: a Gift Voucher can be sent to a beneficiary by the Customer in the form of a digital delivery. To do this, when ordering, the Customer checks the digital delivery box which then delivers the Gift Voucher in a PDF format that the beneficiary can download. This Gift Voucher must be printed by the beneficiary in order to present it at the reception of the establishment for the delivery of the service.

Article 6.4: Shipping costs

Shipping costs are fixed and are invoiced in addition to the price of the Boxes as follows:

• For standard delivery method, i.e. priority letter:
• Order of one to five Gift boxes (FRANCE): €6.50 incl. VAT
• Order of one to five Gift boxes (Other European countries): €10.50 incl. VAT

ARTICLE 7: NON-COMPLIANCE

Article 7.1: Reservations to be made to the carrier for damage or missing items

Any Gift Box delivered must be subject to careful inspection by the Customer and any reservations made on the carrier's delivery note in the event of partial or total deterioration or missing items.

The Customer must also indicate and justify his reservations to the carrier by registered letter, within 72 working hours from receipt of the disputed Gift Box.

In the absence of reservations, the product is deemed to be delivered complete in good condition and cannot be the subject of any subsequent dispute with Domaine des Prés Verts Spa.

Article 7.2: Gift Box Error

The Customer must notify by letter or email (under the "Contact" section of the Site), within 72 working hours of receipt of the order, any error relating to the Gift Boxes ordered.

Any claim not made in accordance with the rules of this article and within the time limits specified cannot be taken into account and will release Le Domaine des Prés Verts Spa from any liability towards the Client.

ARTICLE 8: TRANSFER OF OWNERSHIP/TRANSFER OF RISKS

The transfer of ownership and risks will take place at the time of delivery of the Gift Box(es) to the Customer.

ARTICLE 9: DURATION OF VALIDITY OF GIFT BOXES

Gift Boxes have a limited period of use indicated on the Gift Voucher. They are valid all year round (excluding public holidays, days before public holidays, 13 & 14/02, 31/12).

ARTICLE 10: CUSTOMER SERVICE-CLAIM

Any other request for information and clarification should be addressed to Le Domaine des Prés Verts Spa.

• either by telephone on + 33 (0)3 45 44 05 60
• either through our website http://bourgognechic.com// by referring to the “Contact” section,
• either by mail, to the following address: Le Domaine des Prés Verts Spa - 10 Impasse des Prés Verts - Hameau de Pochey - 21230 JOUEY

In accordance with Articles L.111-1 et seq., R.111-1 et seq., you may contact a consumer mediator in the event of a dispute.

ARTICLE 11: INTEGRITY OF THE CONTRACT - MODIFICATION OF THE CONTRACT

The fact that Le Domaine des Prés Verts Spa does not assert at a given time one of the clauses of these General Conditions of Sale cannot be interpreted as a waiver, on its part, of asserting one of the said conditions at a later date.

In the event that one of these provisions should be declared null and void or deemed unwritten, the validity of the other provisions of the General Conditions of Sale will not be called into question.

Any amendment, termination or abandonment of any of the clauses of the General Conditions of Sale will only be valid after express agreement validated between the Parties.

ARTICLE 12. - INTELLECTUAL PROPERTY RIGHTS

The Establishment's brand as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on the Gift Vouchers and Gift Boxes, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the Establishment.

Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Establishment, is strictly prohibited and may be subject to recourse by the latter.

The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Establishment.

ARTICLE 13. - CONFIDENTIALITY OF DATA

The information requested from the Customer is necessary for processing the Order.

In the event that the Client consents to communicate individual personal data, he has an individual right to access, withdraw and rectify this data under the conditions provided for by Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms. The Client must send any written request to the following address:

The Green Meadows Spa Estate, 10 Impasse des Prés Verts - Hamlet of Pochey - 21230 JOUEY, France

When creating a customer account on the Site, the Customer will have the option to choose whether they wish to receive offers from the Establishment and its partners.

ARTICLE 14. – FORTUITOUS EVENT – FORCE MAJEURE

The execution by the Establishment of its obligations under these General Conditions of Sale will be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays its execution.

The Establishment will notify the Client of the occurrence of such an unforeseeable event or force majeure within 15 days from the date of occurrence of the event.

When the suspension of the execution of the Establishment's obligations continues for a period exceeding 60 days, the Customer has the option of terminating the current Order and the Establishment will then proceed to reimburse the Order under the conditions referred to in Article 6.

ARTICLE 15: APPLICABLE LAW

The law governing these General Conditions of Sale and the contract concluded on the occasion of an order for a Gift Box is French law for all disputes relating, in particular, to their validity, their interpretation, their execution or their termination.

ARTICLE 16: COMPETENT JURISDICTION (DISPUTE RESOLUTION)

The competent court in the event of a dispute will be the Commercial Court of Paris in the event of a dispute between traders and similar persons (companies, branches, etc.) or that of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the Gift Box in other cases.