Terms and Conditions of Sale

I. Definitions

 

The terms defined below, whether capitalized, in the plural, or in the singular, have the following meanings in these General Terms and Conditions of Sale (GTC):

Recipient: refers to the person using the Gift Set, Gift Voucher, or Gift Card.

Gift Voucher: refers to the document containing the offer, the location, the validity number, the validity date, the recipient’s name, and a description enabling the recipient to redeem an offer at an establishment. The Gift Voucher may be delivered by mail, picked up in person, or sent digitally.

Gift Card: refers to the document containing the amount to be spent at the establishment, the terms and conditions, the location, the beneficiary’s name, the validity number, and the validity date. The Gift Card may be delivered by mail, picked up in person, or provided digitally.

Customer: refers to the person who purchases a Gift Voucher, The Customer may use the gift voucher for personal use or intend it for another Recipient.

A Gift Set consists of one or more of the following items:

– A Gift Voucher and/or Gift Card with a description of the service

Gift Sets defined in this manner are available in a variety of themes, such as, for example, “Gastronomy,” “Getaway,” “Gift Card,” “Getaway and Spa,” etc.

L’EAUTEL DE L’ARSENAL reserves the right to expand the list of Gift Sets available for sale or to discontinue their distribution at its sole discretion and at any time.

Personal Data: refers to any information that allows, particularly on the Internet, the direct or indirect identification of a natural person (last name, first name, email address).

Establishment: refers to the company issuing the Gift Package, which handles payment collection, billing, delivery tracking, service compliance, and all obligations related to the offer, it being understood that the company may subcontract part of the services included in the Gift Box to another service provider.

Diadabox: refers to the license for the online software that enables an establishment to offer these services for sale online in the form of gift vouchers and to manage and track these offers.

STRIPE: refers to the company that secures and processes banking transactions.

Service: refers to the entire offering provided by the establishment to the Recipient. This refers to the service provided by the establishment using the Diadabox solution to the Recipient from among the selection of offers available on the Website, subject to the establishment’s availability on the dates chosen by the Recipient.

II./ General Terms and Conditions of Sale (GTC)

The Institution offers Gift Vouchers, Gift Checks, and Gift Cards for online purchase with an obligation to pay, available at the following URL: HTTPS://LEAUTEL-TOULON.DIADABOX.SHOP/FR/ and L’EAUTEL DE L’ARSENAL, with a share capital of €490,490, headquartered at 15 RUE VICTOR MICHOLET, 83000, TOULON, registered with the Lyon Trade and Companies Register (RCS LYON) under number 839 767 654.

The Customer is asked to carefully read these General Terms and Conditions of Sale (GTC) in their entirety, which define the terms and conditions under which L’EAUTEL DE L’ARSENAL sells Gift Vouchers.

ARTICLE 1: APPLICABILITY AND ENFORCEABILITY

Any order placed by the Customer implies the Customer’s unreserved acceptance of and full and complete agreement to these GTC.

The Customer hereby acknowledges having read the GTC prior to placing their order.

These General Terms and Conditions of Sale therefore apply exclusively to orders for Gift Sets, Gift Vouchers, or Gift Cards placed on the website HTTPS://LEAUTEL-TOULON.DIADABOX.SHOP/FR/.

L’EAUTEL DE L’ARSENAL reserves the right to modify these General Terms and Conditions of Sale at any time. In such cases, the new terms will apply to all new orders, as well as to all ongoing transactions, effective from the date they are brought to the Customer’s attention by any means. These General Terms and Conditions of Sale are effective as of January 1, 2026. As of that date, they supersede and replace all previous versions of these terms.

The Customer confirms that they have the legal capacity, in accordance with Article 1145 et seq. of the Civil Code, to enter into contracts and use the Website in accordance with the General Terms and Conditions of Sale and the Website’s Terms of Use.

These General Terms and Conditions of Sale govern the relationship between L’EAUTEL DE L’ARSENAL and the Customer, in a manner supplementary to any written Contract and with respect to all matters not covered by a written agreement, under the conditions set forth in Article 2 below.

The Customer represents that they use the Site in accordance with the General Terms and Conditions of Sale, in their own name and/or in the name and on behalf of any Final Beneficiary of the Service, for whom they expressly acknowledge acting as an agent. These Terms and Conditions are binding on the Customer and any Final Beneficiary of the Service. 

These General Terms and Conditions of Sale take precedence over any other document issued by the Customer, including any Purchase Terms and Conditions the Customer may have, unless the Establishment has expressly agreed otherwise in advance. The fact that the Establishment does not invoke the Contract and/or these General Terms and Conditions at a given time shall not be construed as a waiver of the right to invoke them at a later date.

The Customer must have a valid and active email address and must ensure that they receive emails properly. 

If the Customer provides incorrect contact information at any stage of the reservation process, the Establishment shall not be held liable, and any carelessness or negligence on the part of the Customer in this regard shall not be attributable to the Establishment. Acceptance of these Terms and Conditions constitutes express and irrevocable acceptance of the use of electronic means as a method of communication and for the conclusion of the contract between the Customer and the Establishment. In this regard, the Customer is solely responsible for regularly checking their email inbox. 

Any fraudulent use of the Site or any breach of these Terms and Conditions may result in the Customer being denied access to the Services at any time. 

Except in cases of fraud—for which the Customer must provide proof—the Customer and the Beneficiary are financially liable for their actions on the Site, including the use of their username and password. They also guarantee the truthfulness and accuracy of the information they provide on the Site. 

ARTICLE 2: FORMATION OF THE CONTRACT AND ORDERING PROCESS

The Customer places orders for Gift Sets directly:

• online via the Website: HTTPS://LEAUTEL-TOULON.DIADABOX.SHOP/FR/,

The order placement procedure on the Website involves the following steps:

• Selecting one or more Gift Sets on the Website and adding them to the shopping cart,

• Following this selection, a summary known as the “shopping cart” is displayed, listing all selections and the total price of the selected Gift Vouchers, 

• Create a customer account to authenticate the customer and log in to the account; alternatively, the Customer may place an order as a guest by simply providing their title, first name, last name, and email address.

• Enter the recipient’s information on the Gift Voucher or Gift Card, then enter a personalized message if desired,

• Selecting the delivery method and delivery address,

• Display of a shopping cart summary allowing the Customer to review the details of their order and make any necessary changes, select a payment method, submit their order, and accept these Terms and Conditions with a “first click,”

• The order is submitted after final confirmation, i.e., after a “second click” on “Confirm and Pay,”

• Confirmation of payment by the Customer via credit card through a secure interface or a payment link generated by STRIPE. Once payment is confirmed, the order is final, and an order confirmation email summarizing all order details will be sent to the Customer,

• After confirming their order, the Customer will have access to their account, if they have one, allowing them to track their orders.

ARTICLE 3: CHARACTERISTICS OF THE SERVICES COVERED BY GIFT VOUCHERS, GIFT SETS, GIFT CARDS

In accordance with Article L 111-1 of the French Consumer Code, the Customer may, prior to placing an Order, review the essential characteristics of the service(s) they wish to order on the Website. 

The Customer selects one or more Gift Sets, Gift Vouchers, or Gift Cards from among the various Gift Vouchers and Gift Cards offered on the Website. 

ARTICLE 4: TERMS OF USE FOR GIFT VOUCHERS

Article 4.1: If the Customer is not the Recipient of the Gift Set, Gift Voucher, or Gift Card, the Customer is asked to inform the Recipient of the terms and conditions set forth below.

Article 4.2: To activate the Gift Set, the Customer must contact L’EAUTEL DE L’ARSENAL via the “Redeem my Gift Voucher” tab on the website, by email at CONTACT@LEAUTEL-TOULON.COM, or by phone at 04 89 51 90 90

Except for online reservations, the service will be provided only after the establishment has verified the validity of the Gift Box and received full payment for it. This check confirms that the Gift Box number is active and valid.

Article 4.3: Only the original Gift Voucher—either mailed or printed from the email containing the purchase reference—entitles the holder to the service.

Article 4.4: The Gift Box is valid according to the terms and conditions stated on the Gift Voucher or Gift Card, subject to availability at L’EAUTEL DE L’ARSENAL.

Article 4.5: The Customer acknowledges that the services included in the Gift Voucher do not include transportation to the selected establishment; the Customer further acknowledges that the included services are those listed on the Gift Voucher itself.

Article 4.6: The photographs featured in the Gift Set are not contractually binding. Any partial or complete reproduction is prohibited and may result in legal action.

Article 4.7: The Establishment makes every effort to describe the Service and provide photographs and illustrations that give the Customer an overview of the Services offered in the Gift Sets. These photographs and illustrations are not binding and shall in no way constitute an essential element of the contract. These images are for information only and may differ slightly from the actual services included in the gift vouchers. Changes may occur between the date the image was taken and the date of the reservation. There may also be variations between the images on the Website and the actual Service provided. In any event, these differences do not affect the characteristics of the Services included in the Gift Vouchers and shall not give rise to any liability on the part of the Establishment. 

Article 4.10: If the Gift Voucher is not used within its validity period, or in the event of loss, theft, or destruction, the Recipient is not entitled to a refund or compensation of any kind. However, we encourage any Recipient who is unable to redeem their Gift Voucher within the specified period to contact L’EAUTEL DE L’ARSENAL.

Article 4.11: Gift Vouchers are reserved for Customers of legal age (over 18 years old). The Establishment cannot accept the registration of a minor who is not accompanied by an adult (as defined by law). Consequently, the Establishment cannot be held liable for failing to provide the agreed-upon Services in the event that, despite this prohibition, an unaccompanied minor is registered, without the Establishment’s knowledge, for one of the services offered in the Gift Vouchers on the Website. Such action would be considered a breach by the Customer, thereby exempting the Establishment from liability. 

Article 4.12: The Customer is duly informed that when the Service included in the Gift Box, Gift Voucher, and/or Gift Card, and in accordance with the provisions of Article L-3342-1 of the Public Health Code, the sale of alcoholic beverages to minors under the age of 18 is prohibited. Therefore, the Customer agrees to be at least 18 years of age at the time the service is provided if it includes the serving of alcoholic beverages. The Establishment reminds customers that alcohol abuse is hazardous to health. Please drink responsibly.  

Article 4.13: A Guest with a disability or impairment is requested to inform the Establishment of this and to indicate any special needs at the time of booking, so that the Establishment may arrange for the Guest’s arrival under the best possible conditions and confirm the availability of dedicated facilities.

ARTICLE 5: OBLIGATIONS OF THE ESTABLISHMENT

L’EAUTEL DE L’ARSENAL declares that it holds professional liability insurance covering the provision of its services and possesses all the authorizations and accreditations necessary to conduct its activities in a lawful manner and in compliance with applicable laws and regulations.

ARTICLE 6: PRICES AND PAYMENT TERMS

Article 6.1: Prices

EAUTEL DE L’ARSENAL reserves the right to modify its prices at any time, provided that the price of gift vouchers displayed on the Website is the price in effect on the date of the order. Prices are subject to the applicable VAT rate. Promotional offers and discounted prices featured on the Site are valid only during the validity period specified by the Company.

After this period, promotional prices are no longer applicable, even if the customer previously viewed or added the item to their cart.

The Establishment reserves the right to modify, suspend, or cancel any promotional offer at any time, without notice, subject to orders that have already been confirmed.

For deliveries of Gift Sets, shipping fees, as defined in Section 8.4, may be applied and charged in addition to the cost of the services, provided that the amount of these fees will be indicated before the final confirmation of the order.

Shipping fees are subject to VAT at the standard rate.

Article 6.2: Terms and Method of Payment

Payment for the order may be made by credit card, depending on the card options listed on the “Payment Methods” page, or by any other payment method by entering the following directly in the field provided for this purpose: the card number, its expiration date, and the security code located on the back of the card. The full amount of the order will be charged to the credit card on the day the order is placed. L’EAUTEL DE L’ARSENAL reserves the right to suspend processing of the order and any delivery in the event of non-payment or refusal of payment authorization by your bank. The Website allows the Customer to submit their banking information confidentially and securely when placing an order (secure entry via SSL encryption) through the Stripe service.

As part of this process, the Company may need to suspend order processing and contact the Customer or the Recipient to obtain the necessary documentation to release the order: proof of address, proof of identity, or proof of bank account. These documents must match the shipping and billing addresses entered at the time of the order as well as, if applicable, the information of the cardholder of the payment card used. 

For an Order with a delivery address different from the billing address, the Company may need to contact both individuals mentioned, namely, the person associated with the billing address and the person listed for the delivery address. 

The information obtained in this context may be subject to automated data processing for the purpose of establishing a level of transaction security and combating credit card fraud. 

These supporting documents may be requested via email, mail, or telephone. Failure to provide them may result in the cancellation of the order. 

If the Customer chooses a bank transfer and the Company accepts this payment method, the Order will not be confirmed until the amount from the bank transfer has been credited to the Company’s account.

ARTICLE 7: PROCEDURES FOR EXERCISING THE LEGAL RIGHT OF WITHDRAWAL

In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the date of receipt of the gift set containing the ordered products to exercise their statutory right of withdrawal without having to provide a reason for their decision.

Article 7.1: Order Date

In accordance with Article L.221-28 12 of the French Consumer Code, the right of withdrawal mentioned above does not apply to “accommodation services, other than residential lodging, goods transportation services, car rentals, food and beverage services, or recreational activities that must be provided on a specific date or during a specific period.”

Therefore, if the customer has chosen specific dates to use the gift voucher, gift card, or gift certificate, the customer may not exercise the right of withdrawal under Article L.221-28 12 of the French Consumer Code.

Article 7.2. Personalized Gift Voucher

In accordance with Article L.221-28 3 of the French Consumer Code, “The right of withdrawal may not be exercised for contracts: (…) 3) for the supply of goods made to the consumer’s specifications or clearly personalized.”

Article 7.3. Consequences of Exercising the Legal Right of Withdrawal

The Customer must notify the Business of their clear and unambiguous decision to withdraw from their online purchase. 

The Customer must provide the following information: 

• Their first and last names; 

• The order number; 

• The name of the Gift Voucher, Gift Set, or Gift Card in question; 

• The number of the Gift Voucher, Gift Set, or Gift Card in question.  

Once the Establishment has received the withdrawal request, it will send the Customer an acknowledgment of receipt of the withdrawal by any means. 

If the products are subject to the statutory right of withdrawal, the Customer, by exercising this right in accordance with the terms and conditions set forth in this article regarding time limits and procedures, may, within fourteen (14) days from the date on which the Customer notified the Company of their decision to withdraw, choose to receive either:

• a credit note in an amount equal to the price of the returned products;

• a refund for the returned products.

Please note that the right of withdrawal also applies to the sale of goods and services for which L’EAUTEL DE L’ARSENAL has provided a discount.

The refund will be issued (at no cost to the Customer) within 14 days via the same payment method used for the initial transaction, unless the Customer has expressly agreed in advance to an alternative method of refund, excluding return shipping costs, which remain the sole responsibility of the Customer.

Once the Customer has exercised their right of withdrawal, the Gift Voucher(s), Gift Set(s), and/or Gift Voucher(s)/Gift Card(s) in question may no longer be used. 

ARTICLE 9: PROOF OF ORDERS/ARCHIVING

The Customer is expressly informed that, unless there is a manifest error—for which the Customer must provide proof—the data stored in L’EAUTEL DE L’ARSENAL’s databases shall constitute conclusive evidence regarding orders placed.

An invoice is issued for each gift voucher order and sent to the Customer electronically.

The Customer must verify the accuracy of the information provided at the time of the order. L’EAUTEL DE L’ARSENAL shall not be held liable in the event of an error in the billing information provided by the Customer.

Data stored on computer or electronic media on a regular basis constitutes admissible and enforceable evidence under the same terms and with the same probative value as any document that would be received and retained in writing.

ARTICLE 10: DELIVERY

Article 10.1: Availability of Gift Vouchers

The Gift Vouchers and Gift Cards offered by L’EAUTEL DE L’ARSENAL are products that may be issued in limited quantities, due both to limited capacity and to the time-limited validity of these services.

In the event of temporary or permanent stock shortages, the Establishment will notify the Customer of this unavailability, and the order cannot be fulfilled.

Subject to availability, the Establishment agrees to fulfill any Gift Set order confirmed by the Customer. 

If the Establishment has outsourced part of the service included in the Gift Box to another service provider, and if an order cannot be fulfilled due to a stock shortage or for any other reason, the Customer may cancel the order. If the Customer sends a written request by certified mail with acknowledgment of receipt to the Establishment within 48 hours of being notified of the inability to fulfill the order, the Customer will then be refunded the full amount paid, no later than 14 days from the date the Establishment receives the Customer’s order cancellation.

Article 10.2: Delivery Location

EAUTEL DE L’ARSENAL ships Gift Sets only within EUROPE.

Gift Vouchers are delivered to the address provided by the Customer when placing the order. EAUTEL DE L’ARSENAL cannot be held responsible if the Customer is absent at the time of delivery or if the Customer entered incorrect information when placing the order. It is the Customer’s responsibility to contact L’EAUTEL DE L’ARSENAL in accordance with the terms set forth in Article 10.

Article 10.3: Shipping Method and Delivery Timeframe

• Delivery will be made within a maximum of 30 days from the date the Customer places the order.

• The Customer will receive an email confirming that their order has been shipped.

However, in the event of a significant delay, L’EAUTEL DE L’ARSENAL undertakes to take all necessary steps to investigate and resolve any malfunction in the shipping service for which it is responsible.

A Gift Set, Gift Voucher, or Gift Card may be sent to a Recipient by the Customer in digital form. To do so, when placing the order, the Customer checks the “electronic delivery” box, which then issues the Gift Set, Gift Voucher, or Gift Card in a PDF format that the Recipient can download. The Recipient must then print it out and present it at the establishment’s reception desk to receive the service.

Article 10.4: Shipping Fees

Shipping fees are a flat rate and are charged in addition to the price of the Gift Sets as follows:

Standard Mail Delivery – €5.99

These shipping fees apply only to shipments within Metropolitan France. For any shipment to Europe outside of France, the Customer must contact the establishment to determine the shipping costs.

These rates may be updated at any time based on the rates of the delivery service providers.

ARTICLE 11: NON-CONFORMITY

Article 11.1: Claims must be filed with the carrier and the Company for any damage and/or missing items. Any delivered Gift Set must be thoroughly inspected by the Customer, and any reservations must be noted on the carrier’s delivery slip in the event of partial or total damage to said Gift Set.

The Customer must also notify the carrier and the Company of these reservations, stating the reasons, by certified letter with acknowledgment of receipt, within 48 hours of receiving the disputed Gift Set.

Without such reservations, the Gift Set is considered delivered complete and in perfect condition and cannot be disputed later with the Company.

Article 11.2: Gift Voucher Error

The Customer must report any error regarding the ordered Gift Vouchers by registered letter with return receipt addressed to the Establishment (under the “Contact” section of the Website) within 48 hours of receiving the order.

Any complaint not made in accordance with these provisions and outside the specified time limits will not be considered, and the Company will be released from any liability toward the Customer.

ARTICLE 12: LIABILITY

In the context of online sales, L’EAUTEL DE L’ARSENAL is bound only by an obligation of means.

L’EAUTEL DE L’ARSENAL shall not be held liable for damages of any kind, whether material or immaterial, that may result from the misuse of login credentials or the order placement process. The Company shall not be held liable for any risks inherent in the use of the Internet, such as data loss, unauthorized access, viruses, service interruptions, or any other similar risks.

ARTICLE 13: TRANSFER OF OWNERSHIP/TRANSFER OF RISK

Risk passes to you when we hand over the Gift Set(s) to the carrier for delivery, subject to our retention of title as specified in these Terms and Conditions.

ARTICLE 14: CUSTOMER SERVICE AND COMPLAINTS

Any request for information from the Customer must be sent to CONTACT@LEAUTEL-TOULON.COM:

• either by phone at +04 89 51 90 90

• or through our website HTTPS://LEAUTEL-TOULON.DIADABOX.SHOP/FR/ by referring to the “Contact” section,

• or by certified mail with return receipt requested to the following address: 15 RUE VICTOR MICHOLET, 83000, TOULON

ARTICLE 15: INTEGRITY OF THE CONTRACT—AMENDMENTS TO THE CONTRACT

The fact that the establishment does not, at any given time—whether temporarily or permanently—invoke any of the provisions of these Terms and Conditions shall not be construed as a waiver of its right to invoke any of said provisions at a later date.

Any amendment, termination, or waiver of any provision of these Terms and Conditions shall be valid only upon express written agreement between the Parties.

ARTICLE 16. – INTELLECTUAL PROPERTY RIGHTS

The Establishment’s trademark, as well as all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images, and logos appearing on Gift Vouchers and Gift Cards, their accessories, and their packaging—whether registered or unregistered—are and shall remain the exclusive property of the Establishment.

Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium whatsoever, without the Establishment’s express prior consent, is strictly prohibited and may result in legal action by the Establishment.

The same applies to any combination or conjunction with any other trademark, symbol, logo, and, more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model, and patent owned by the Establishment.

ARTICLE 7. – CONFIDENTIALITY OF PERSONAL DATA

All personal data collected by L’EAUTEL DE L’ARSENAL by any means whatsoever is for the Institution’s exclusive use.

In accordance with Article 34 of the amended French Data Protection Act No. 78-17 of January 6, 1978, and the General Data Protection Regulation (EU Regulation 2016/679) or “GDPR,” the Customer has the right to access, modify, correct, and delete data concerning him or her.

To exercise these rights, the Customer may contact the Establishment by email at the following address: CONTACT@LEAUTEL-TOULON.COM

For more information about how L’EAUTEL DE L’ARSENAL collects and processes personal data, the Customer may consult the Privacy Policy on our website HTTPS://LEAUTEL-TOULON.DIADABOX.SHOP/FR/, under the “Privacy Policy” section.

ARTICLE 18. – UNFORESEEN CIRCUMSTANCES – FORCE MAJEURE 

The Establishment’s performance of its obligations under these General Terms and Conditions of Sale shall be suspended in the event of an unforeseeable event or force majeure, in accordance with Articles 1218 and 1351 of the Civil Code, that would hinder or delay such performance.

The Establishment will notify the Customer of such an event within 45 days of its occurrence.

If the suspension of the Establishment’s obligations continues for a period exceeding 90 days from the date the Establishment confirmed the date selected for the provision of the service, the Customer may cancel the current Order, and the Company will then refund the full amount of the Order in accordance with the terms set forth in Article 7.

ARTICLE 19: INVALIDITY

If any provision of these Terms and Conditions is found to be invalid under applicable law or a final judicial decision, it shall be deemed unenforceable, without thereby rendering these Terms and Conditions invalid or affecting the validity of their other provisions.

ARTICLE 20: GOVERNING LAW

French law shall govern all disputes relating, in particular, to the validity, interpretation, performance, or termination of these Terms and Conditions and any related contracts.

ARTICLE 21: JURISDICTION (DISPUTE RESOLUTION)

Pursuant to Law No.2016-301, the Recipient may, if they so wish and without this being mandatory, refer consumer-related disputes to the Consumer Mediator, whose contact information is as follows: (pending validation)

The Customer may also contact a mediation organization listed on the website: https://mtv.travel/ 

Before filing a complaint, the Customer must write to the Institution via certified mail with return receipt requested.

To file a claim with the mediation body, the Customer must complete a complaint form via the link that will be sent to them upon request and follow the steps outlined on the website.

The competent court shall be the Commercial Court of LYON in the event of a dispute between merchants and similar entities (companies, branches, etc.) and will be the court of the defendant’s place of residence in the event of a dispute with a consumer or, at the plaintiff’s discretion, the place of actual delivery of the Gift Voucher in all other cases.