General Terms and Conditions of Sale for Subscribers Members
Sales - Services

Preamble

These general terms and conditions of sale, service provision, and matchmaking agreement (hereinafter referred to as “GTCS Subscribers“) govern the legal framework for the advertising services provided by ECS SAS, the publisher of this Website,
Registered in the French Trade and Companies Register under number PARIS 899 268 718, Tel.: +33 1.47.55.17.02 – email, VAT Intracom FR68899268718,

hereinafter referred to as “the supplier”, or “Chateaux-France”, ou encore “SAS ECS”,

And the seller member (as defined atarticle 4 al. 2 of our GTCS), hereinafter referred to “Purchaser” or the “Subscriber“.
The Subscriber accepts the terms and conditions and declares that they have a sufficient understanding of the language, in its original version, French, which always prevails over the translated versions of the terms and conditions.

Article 1 – Applicability of the Contract

The present conditions of service apply to all sales concluded between SAS ECS and the subscriber concerning the following services, which the subscriber has become aware of during the proposed presentation and the non-contractual documents provided to him (brochures, leaflets, etc.).

Purchaser is deemed to be regularly offering the services for which he contracts with the supplier to the public. As such, he is acting in a professional capacity and guarantee to the supplier that he complies with all applicable regulations. He agrees to respect the trademarks used by the supplier, as well as any marketing activities undertaken by the supplier.

The services provided by Chateaux-France are :

• 1 A presentation of the services provided by the subscriber. It is understood that this presentation is produced under the subscriber’s full control: the subscriber produces all the elements, in particular textual, visual and other information that the supplier has asked him/her to fill in in forms and questionnaires. The purchaser sends all these elements to Chateaux-France via the Internet, in particular within the secure area (with login and password) dedicated to the production of this presentation. This presentation is published in French and English. It may be produced in other languages. The supplier informs the purchaser of the specific conditions and in particular of the Tariffs applied for the execution of the translations. This presentation is provided by the supplier on any medium whatsoever, including paper guides and Internet sites. These media are published by or in partnership with the supplier.

• 2 The subscriber selects the categories of his choice within the dedicated online space. It is understood that he will perform his services according to the descriptions provided for each category within said space, in accordance with section 1.9 herein.
• 3 The provider allocates to the purchaser a unique web address within the Site. This unique web address provides direct access to the presentation of the subscriber’s activities.
  It is expressly stated that this address is an integral part of the Site and is the exclusive property of the provider. Consequently, the subscriber expressly acknowledges that they have no rights to any element of this address, in whole or in part. This address may not be appropriated or claimed by the subscriber in any way.
• 4 The “messaging services” consist of:
  – the allocation of an e mail address alias unique and specific to the subscriber, under the same conditions as described in article 1.3 paragraph 2 hereof.
  – the dispatch of Internet messages addressed to the subscriber. the dispatch of Internet messages addressed to the subscriber.
  Internet messages are sent by e-mail, to the personal e mail address provided by the subscriber.
  Internet messages correspond to those sent to the subscriber via the contact forms set up on the websites operated by the supplier, or via the unique e mail address allocated to the subscriber by the supplier.

• 5 The services referred to as “courier services” and “hyperlink” cannot be subscribed to without membership of at least one of the following categories: Bedrooms, Seminars, Tours, Parks and Gardens, Escape games, Exclusive rentals, Seasonal rentals, Filming, Catering, Health and well-being.
• 6 Signage consists of an indoor or outdoor billboard. It combines, in a unique and exclusive graphic design, the Chateaux-France brand and logo with the subscriber’s logo. It is the subject of a separate order form.
  The signage is a product designed and manufactured by the Supplier and made available to the subscriber, remaining the sole property of the Supplier. The subscriber agrees to display the signage either inside or outside the building where they receive customers. The signage must be replaced as soon as it becomes damaged. The subscriber then agrees to order new signage from the Supplier for a fixed price equal to three times the annual cost of the signage.
  The signage must be renewed every four years.

• 6 Gift vouchers: the purchaser may accept Gift vouchers as payment for goods and services produced by the purchaser. The list of Gift voucher issuers is published alongside the service entitled: “CGA – acceptance of Gift vouchers”.
  The terms and conditions governing the acceptance, processing and reimbursement of Gift vouchers are the subject of a separate, complementary contract, called the “Terms and Conditions of Purchase”.

• 7 The website creation and hosting service is offered to the subscriber by the provider; it is subject to a supplementary subcontracting agreement, governed by these terms.
• 8 As a consequence of sections 1.6 and 1.7 below, the purchaser’s selection of the services entitled “acceptance of gift certificates” and “creation and hosting of your website” constitutes a request for contracts (“GTC – Gift Voucher Acceptance” or “Website Creation and Hosting”). This request for contracts is conditional upon the purchaser’s acceptance of these terms and conditions. The provider then undertakes to send the requested contracts to the subscriber who has duly subscribed to these terms and conditions and whose membership fees are up to date.
• 9 The subscriber undertakes to serve the public the offers corresponding to the subscribed sections, as he has communicated the description within the space dedicated by the supplier and in compliance with the regulations governing each offer.
• 10 The purchaser warrants to the supplier the royalty-free nature of all elements communicated to SAS ECS. Furthermore, he expressly authorizes their publication in the media referred to in paragraphs 1 to 7 above.
  By providing Content, in any form and by any means whatsoever, the Purchaser grants the Supplier, from the moment the Subscriber creates or publishes such Content and for the duration hereof, a non-exclusive, worldwide, royalty-free, sub-licensable and assignable license, to access, use, store, reproduce, modify, create derivative works from, distribute, publish, transmit, broadcast and otherwise exploit such Content in order to provide and/or promote the Site on any medium, known or unknown to date, and in particular on the Internet and social networks. This right becomes exclusive on all composite works or not, as soon as they are produced or the rights are purchased by the Site. The purchaser authorizes the supplier to act against all third parties who have used the said works without the express authorization of SAS ECS.
  Consequently, the purchaser recognizes the supplier’s exclusive right to all composite works produced from the elements communicated by the purchaser. The purchaser authorizes the supplier to take action against any third parties who have used said works without the express authorization of SAS ECS.

These terms shall remain in force for the period stipulated in Article 3, paragraphs 1 and 2, from the date of their acceptance.

Acceptance of these terms and conditions is done electronically: by activating the sections and services and then setting up a valid payment method, the subscriber, who is informed of these terms and conditions at all stages of this procedure, is deemed to accept these General Terms and Conditions of Sale for Subscribers.

If the subscriber has chosen the Free membership provided for in the plans and subscriptions, in the “Free” section, by activating the sections and services, the subscriber who remains informed of these at all stages of this procedure, is likewise deemed to accept these General Terms and Conditions of Sale for Subscribers.

These terms and conditions supersede and replace any similar agreements previously concluded between the parties. The provider reserves the right to amend these terms and conditions and undertakes to inform the subscriber of any changes or additions on its website, in particular by displaying the date of the last update at the top of these terms and conditions.

Article 2 – Prix – Payment, revision and indexation

The provision of the above-mentioned services is made against payment by the purchaser of the price shown on the subscription form (“TOTAL SUBSCRIPTION AMOUNT”).

The Subscription, Commission, and paid service and option amounts are set out in the Plans and Subscriptions Price Schedule, which forms an integral part of the Contract.

The price is payable in full at the day of the order and the supplier will not be required to fulfill its obligations if the purchaser does not pay the total amount beforehand.

Any payment default will be subject to late payment penalties calculated at three times the legal interest rate in force in France, with a minimum fixed compensation of €40. If payment is not received within 30 calendar days of a formal notice, this agreement will be automatically terminated and the sums due will accrue interest at the legal rate from the date of said formal notice.

The price is indexed to the French Agency called INSEE “consumer price index”. If this index does not increase over the period, it will be subject to an annual increase of 1%. It is understood that the supplier’s delay or failure to act to the application of this clause does not constitute a waiver by the supplier of its right to apply this clause to payments both due and future.

Commissions and fees are subject to invoicing and settlement in accordance with our specific Distance Selling and Reservation Conditions.

Article 3 – Contract duration and termination

This agreement is for a term of 12 months from the date of the first submission of the presentations by the subscriber and confirmed by the provider.
This two-step process, resulting first from the subscriber’s request for publication and then from the provider’s validation of that publication, constitutes the date enforceable against the parties. It is referred to as the “date of first publication.” This date appears on all invoices, as well as on the secure online portal provided to the subscriber by the provider.
The agreement is automatically renewed for successive 12-month periods. Termination of the agreement may be requested at any time by either party, provided that the other party is notified by registered letter no later than one month before the end of the current annual period.

The subscriber’s behavior, which would damage the image of the supplier or the brands it uses, will result in the automatic termination of this agreement.

This includes, but is not limited to: false information provided by the subscriber on the Site, the subscriber’s conviction for any reason whatsoever, or any action by the subscriber that is contrary to good morals or morality.

In these cases, termination takes effect immediately and without prejudice to any legal action taken by the supplier. It does not entitle the subscriber to any refund of sums paid to the supplier.

In all cases of cancellation, gift vouchers collected and not yet returned to the supplier must be sent to them without delay.

After 15 clear days from the effective cancellation date, no gift voucher will be accepted or refunded.

The signage order is then settled. The remaining balance due is calculated by subtracting the amount already paid by the subscriber for this product from the value of three annual signage subscriptions.

These terms and conditions may be assigned in whole or in part by the supplier to its subsidiaries or parent company after informing the subscriber.

Article 4 – Delivery

Services are performed no later than 15 days after the supplier’s validation of all elements necessary for publication (including duly completed forms, visual and video materials). Regarding publishing services in all printed materials and the delivery of signage, the supplier informs the client of the completion deadlines, which are linked to the specific constraints of their production.

This timeframe is not a strict deadline, and the supplier cannot be held liable to the buyer for delivery delays not exceeding one month. In the event of a delay exceeding one month, the buyer may request cancellation of their order, or even termination of this agreement if the delay affects all the services listed in Article 1, paragraphs 1 to 7. Any sums paid will then be refunded, and the buyer will not be entitled to any compensation whatsoever.

In all cases, services are only provided on the condition that this contract is duly accepted, finalized and accompanied by its payment and that the purchaser has provided the supplier with all the necessary information and documents (including visuals and textual descriptions).

Under this contract, the place of performance of the services will be the supplier’s registered office in Paris, France. The delivery date is the date of actual publication on the internet. The purchaser will be notified electronically by the supplier.

Due to the variability in website rendering, no “proof approval” is provided by the supplier. Only renderings obtained from computers and IT equipment configured for normal use, such as the supplier’s own computers and equipment, will be considered valid.

The buyer has 15 days from the date of delivery to submit their reservations in writing to the supplier.

The supplier will replace or modify, within 60 working days and at its own expense, the defective services referred to in Article 1.

Message delivery is usually guaranteed within an instantaneous period of up to 48 hours when sent by email. This period is between one hour and 48 hours when sent by fax. For postal delivery, this period can be extended to five full days. These delivery times are indicative only and may be delayed, particularly in the event of internet network unavailability for any reason, force majeure, strikes, or any other reason beyond the provider’s control.

Article 5 – Responsibilities and guarantees

The purchaser is deemed to purchase the supplier’s services at their own risk, the latter not being liable for any hidden defects affecting said services, nor for any damaging consequences that these defects may cause.

The supplier guarantees to the purchaser, except in the case of handling errors by the supplier or its subcontractors, and constraints related to Internet technology, the proper functioning of the services and products sold, for the entire duration of the subscription.

The provider cannot be held liable for the counterfeiting or fraudulent duplication of editorial services and related information on third-party websites. The provider cannot be held liable for delays in email services, it being understood, moreover, that its service involves filtering that may include systematic manual intervention.

The buyer undertakes to fulfill its obligations related to the sales agreed upon herein, and in particular as defined in sections 1.1 and 1.2 herein. The buyer shall indemnify the supplier, upon first demand, against any claim relating to any failure to perform these obligations, when such failure is attributable to the buyer, except in cases of force majeure and strikes. This applies in particular to hotel reservations, pursuant to French Law No. 92-645 of July 13, 1992, and Article 1590 of the French Civil Code.

Article 6 – Overall Contract, as a whole

The Site applies other Terms and Conditions in addition to these GTCS Subscribers, such as the General Terms and Conditions of Use (“T&CU”) that describes its use, the General Terms and Conditions of Sale GTCS that describes the mandate to connect Sellers and Buyers given to the Supplier (“CGV”), the Security and Privacy Policy (SPP or, in French : “PSC”), that describes the collection and use of personal data, the Pricing Schedule for Plans and Subscriptions, the Provider Damage Guarantees (PDG, in French “GDP”) , the Replacement and Refund Policy (RRP, in French “PRR”), the Service Refund Policy, the PTCDS (Particular Terms and Conditions of Distance Selling, in French “CPVAD”) that govern our specific terms and conditions of distance selling, the PTC reservations (in French”), which govern our specific terms and conditions of reservations, the Terms of Use of the Chateaux-France Wallet, Copyrights and other conditions that apply to Member Users.
These additional terms and conditions are linked to these Terms.
They are incorporated by reference and form an integral part of the contractual agreement (hereinafter referred to as the “Agreement“).

The invalidity of one or more clauses herein shall not invalidate the Agreement.
The invalidity of one or more clauses of the contractual agreement shall not invalidate these T&CU.

Article 7 – Applicable law and jurisdiction

The Commercial Court of Paris (75 – France) shall have jurisdiction to hear any dispute relating to the interpretation, application and any case of breach of this agreement, both for substantive and procedural rules, in accordance with French law, which is expressly accepted by the purchaser.

All clauses contained in these general terms and conditions are expressly accepted by the purchaser, who declares and acknowledges having full knowledge thereof and therefore waives the right to rely on his own conditions.