THESE GENERAL TERMS AND CONDITIONS OF SALE APPLY TO ALL ORDERS FOR GIFT BOXES PLACED ON THE DEDICATED WEBSITE.
1 – Preamble
1. The purpose of these General Terms and Conditions is to define the procedures and conditions according to which Groupe Lucien Barrière allows its customers to purchase Gift Boxes and/or Gift Cards.
• On the website https://cadeauxbarriere.com/fr/
Groupe Lucien Barrière SAS operates the Gift Boxes online purchasing website, which is accessible at https://cadeauxbarriere.com/fr/. This website presents the Gift Boxes available in Barrière Hotels, Casinos and restaurants operated by subsidiaries of Groupe Lucien Barrière, by SFCMC and its subsidiaries, or by companies affiliated with the Barrière brand.
• By telephone with a Partner,
• At a Partner’s reception area.
2. The Customer declares having obtained from Groupe Lucien Barrière all the information required to make their choice and complete a purchase.
3. Any Order made through https://cadeauxbarriere.com/ assumes consultation and full and unreserved acceptance of these General Terms and Conditions of Sale.
The Customer must confirm having read and accepted these General Terms and Conditions of Sale by checking the box, before definitively confirming their order. No Order is possible without this agreement.
4. The Customer has the option of saving and printing these General Terms and Conditions of Sale using the standard features of their browser or computer.
5. The Website contains the following information:
• the legal notice enabling precise identification of Groupe Lucien Barrière and indicating its corporate name, registered office and individual VAT number,
• the contact email address and telephone numbers for Groupe Lucien Barrière,
• the essential features of the Gift Boxes offered on the Website,
• the validity period of the offers, and the prices including all taxes,
• the payment terms,
• the General Terms and Conditions of Sale.
6. The Customer, by virtue of their status as a consumer, enjoys specific rights, which may be jeopardized if the Orders placed are not for personal purposes.
7. All information provided on the https://cadeauxbarriere.com website is presented in French, as well as in other foreign languages.
8. The Customer represents that it has full legal capacity to enter into these General Terms and Conditions.
2 – Definitions
For the purposes hereof, the terms below shall have the following meanings:
• “Beneficiary”: Person on whose behalf the Customer has placed an Order and who will benefit from the Service provided by the Gift Box. The Beneficiary may be the Customer themselves or a third party.
• “Gift Card”: Paper or electronic document containing a user code enabling the Customer or Beneficiary to benefit from a Service selected by the Customer or the Beneficiary from the Partners. The Gift Card has no face value, regardless of its format. A period of validity is indicated for the Gift Card, as well as the conditions for its use and any restrictions. It is neither fungible, severable nor divisible. It cannot be added to another Gift Card or divided into several Gift Cards. It may be issued by post or email.
• “Gift Box”: Paper or electronic document containing a user code enabling the customer or beneficiary to benefit from a Service described in the Gift Box. It shall mention the Partner delivering the said Service, as well as its place of delivery. A period of validity is indicated for the Gift Box, as well as the conditions for its use and any restrictions. It may be issued by post, by email, or hand-delivered by the Partner.
• “General Terms and Conditions of Sale”: Contractual document defining the rights and obligations of the Customer, the Beneficiary, and Groupe Lucien Barrière for all purchases of Gift Boxes and/or Gift Cards placed on the Website, by telephone with a Partner, or at the Partner’s reception area.
• “Order”: Customer’s intention to purchase a Gift Box and/or Gift Card, as the case may be, on the Website, by telephone from a Partner, or at the Partner’s reception area.
• “Order Confirmation”: Electronic document sent to the Customer to inform them that their Order has been received, which summarizes the characteristics of the Gift Box(es) selected by the Customer on the website https://cadeauxbarriere.com/fr/.
• “Customer”: Natural person or legal entity (such as staff committees or companies) purchasing the Gift Box and/or Gift Card on its own behalf or for a Beneficiary.
• “Personal data”: All information transmitted by the Customer enabling direct or indirect identification of a natural person (surname, first name, email address, etc.).
• “Partner(s)”: Subsidiaries of Groupe Lucien Barrière, SFCMC and its subsidiaries, or companies affiliated with the Barrière brand operating casinos, hotels, or any establishments delivering the Service covered by the Gift Box to the Customer or the Beneficiary and/or for which it may use the Gift Card.
• “Party(-ies)”: The Customer and/or the Beneficiary and/or Groupe Lucien Barrière, depending on the context.
• “Service(s)”: Service contained in the Gift Box or paid for by the Gift Card provided by the Partner to the Customer or to the Beneficiary.
• “Order Summary”: Electronic document summarizing the characteristics of the Gift Box(es) selected and/or the terms and conditions of use of the Gift Card by the Customer as stated on the website https://cadeauxbarriere.com. This document precedes the Customer’s acceptance of these General Terms and Conditions of Sale and the Customer’s provision of their banking information in connection with prepayment.
• “Customer Service”: Assistance provided by Groupe Lucien Barrière on the Website to Customers and Beneficiaries, whose role is to respond to all requests for information and clarification, in particular relating to the Website or an Order. Email and telephone contact details: +33 (0)9 70 80 98 47 / cadeauxbarriere@groupebarriere.com
• “Website”: The website https://cadeauxbarriere.com/.
3 – Purpose
1. These General Terms and Conditions of Sale define the rights and obligations of the Customer and Groupe Lucien Barrière for all Orders for Gift Boxes and/or Gift Cards offered on the Website or by a Partner.
2. They govern all of the steps required for the Order and its handling between the Parties.
3. The Customer acknowledges having read and accepted these General Terms and Conditions of Sale.
4 – Amendments
1. Groupe Lucien Barrière, acting on behalf of its subsidiaries, on behalf of SFCMC and its subsidiaries, or on behalf of companies affiliated with the Barrière brand, reserves the right to amend or supplement these General Terms and Conditions of Sale at any time, in whole or in part. In this case, the new version of the General Terms and Conditions will be made available on the Website, stating its effective date. The Customer is advised to regularly consult the General Terms and Conditions of Sale to learn of any possible changes. In any event, the Customer shall only be bound by the version of the General Terms and Conditions in force when the Customer places the Order for their Gift Box and/or Gift Card.
2. Groupe Lucien Barrière and its subsidiaries, SFCMC and its subsidiaries, and companies affiliated with the Barrière brand are not liable for damage of any kind that may result from such changes and/or the temporary unavailability or permanent closure of all or part of the Website, or the removal and/or modification of the available Gift Boxes and Gift Cards.
5 – Placing Orders
1. The Customer selects the Gift Box(es) and/or Gift Card(s) from those offered on the Website or by the Partner.
2. The Customer acknowledges having read and understood the nature, price, purpose and procedures for reserving available Gift Boxes and/or Gift Cards, and having requested and obtained the necessary and/or additional information to place their Order in full knowledge of the facts.
3. The Customer is solely responsible for their choice of Gift Boxes and/or Gift Cards and their suitability for requirements. Groupe Lucien Barrière and its subsidiaries, SFCMC and its subsidiaries, and companies affiliated with the Barrière brand cannot therefore be held liable in this respect.
4. The Order shall be deemed accepted by the Customer at the end of the Ordering process described in Article 6 hereof.
6 – Ordering Process
The Customer may place an Order online on the Website, by calling a Partner of their choice, or by going to a Partner’s reception area.
The procedure for placing Orders includes, in particular, the following steps:
• Step 1 – The Customer selects one or more Gift Boxes and/or Gift Cards on the Website;
• Step 2 – The Customer will then be asked to proceed with the Order by registering/logging into their account by clicking on the link provided for this purpose;
• Step 3 – Presentation of the Order Summary;
• Step 4 – Communication of personal data by the Customer;
• Step 5 – General Terms and Conditions of Sale:
The Customer checks the box on the Website to confirm that they have read and accepted these General Terms and Conditions, before definitively confirming their Order. No Order is possible without this agreement.
• Step 6 – Confirmation and approval of the Order, and payment by the Customer. The Customer’s acceptance is confirmed by entering their banking details, contractually binding them to Groupe Lucien Barrière.
• Step 7 – Receipt by the Customer of the Order confirmation email, including all information relating thereto.
• Step 8 – If the Customer chooses to receive an electronic version of the Gift Box and/or Gift Card, they will receive an email containing full information on how to use and download it.
If this confirmation email is not received within 24 hours of the Order, it is the Customer’s responsibility to contact the Customer Service Department to ensure that the information provided and the Order have been properly received.
This order Confirmation email must be retained by the Customer, and if necessary presented to the Customer’s chosen Partner. In the event of a problem, Groupe Lucien Barrière will systematically require its presentation as proof of purchase.
7 – Prices
1. The prices of Gift Boxes and/or Gift Cards displayed on the Website before and at the time of the Order are those in force on the day of the Order.
2. The prices are confirmed to the Customer inclusive of all taxes and taking account of the VAT applicable on the day of the order.
3. Shipping costs, detailed in Article 9, are not included in the price, unless expressly mentioned by Groupe Lucien Barrière. These fees are therefore invoiced as an extra cost and indicated prior to the final Order confirmation.
4. Depending on the Gift Box selected by the Customer, a tourist tax, and any other tax specific to the municipalities indicated for each price, must be paid directly at the establishment in which the Customer will use the ordered Gift Box and/or Gift Card.
8 – Payment
1. The Customer will pay for their Order by bank card, providing the following information: bank card number with no spaces between the figures, expiry date, and CVV number located on the rear of the card. The entire amount of the Order will be debited from the bank card on the day of the Order. Groupe Lucien Barrière reserves the right to suspend the processing of any Order if the bank or credit institution in question declines the payment.
2. Groupe Lucien Barrière has chosen the Ogone online payment solution to secure online bank card payments, using the SSL protocol 3. The Customer’s bank card is subject to security checks (credit checks, checking the card issuing country, checking the country IP address, etc.) by the designated partner, and may be declined for several reasons (if the card is stolen or blocked, if the limit has been reached, if the details have been entered incorrectly, etc). In the event of a problem, the Customer must contact their bank or any other entity to confirm their order and payment method.
3. For online and telephone payments, the available and communicated methods may be Visa and Mastercard bank cards. For Orders placed at a Partner’s reception area, the available and communicated payment methods may be Visa, Mastercard and American Express bank cards. This list is subject to change.
9 – Delivery
1. Gift Boxes and Gift Cards are products issued in quantities that are limited, firstly, by the Partner’s capacity to accommodate them, and, secondly, by their validity period.
2. The Partner shall send the Gift Boxes and/or Gift Cards only to locations within Metropolitan France.
Gift Boxes shall be delivered to the address indicated by the Customer at the time of the Order. Under no circumstances may the Partner and/or Groupe Lucien Barrière be held liable if the Customer enters an erroneous delivery address, or if the person receiving the Gift Box and/or Gift Card is absent at the time of delivery. However, the Customer may contact the Website’s Customer Service Department or the Partner under the conditions provided for in Article 21.
3. An email containing an Order tracking number shall be sent by the Partner to the Customer at the time of shipment.
4. The delivery fees are indicated for each Gift Box.
5. Under no circumstances may Groupe Lucien Barrière and/or the Partner be held liable by the Customer or the Beneficiary for any dispute or difficulty encountered with the carrier delivering the Order.
6. In the event of non-compliance noted by the Customer between the Gift Box ordered online and the Gift Box delivered, the Customer must contact Customer Service in accordance with the terms of Article 21.
10 – Right of withdrawal
1. The ordering Customer will enjoy a withdrawal period of fourteen (14) calendar days from the date of placing the order, without having to justify their decision or bear any penalties, in accordance with the provisions of the French Consumer Code.
2. The Customer may exercise their right of withdrawal by downloading the withdrawal form available from their account and sending it, where applicable, to the Partner.
In all cases, the Customer shall not have to return the Gift Box and/or the Gift Card.
3. Once the withdrawal request has been received by the Partner, the Customer shall be informed.
4. Any withdrawal made in accordance with the conditions of this article shall give rise to a refund of all sums paid, corresponding to the standard cost, within fourteen (14) days from the date on which the Customer informed the Partner of their decision to withdraw.
5. Reimbursement will be made (at no cost to the Customer) via the same means of payment used for the initial transaction, unless the Customer gives their express prior agreement to another means of reimbursement.
6. The Gift Box and/or Gift Card may no longer be used after the Customer exercises their right of withdrawal.
11 – Validity of Gift Boxes and Gift Cards
All Gift Boxes and/or Gift Cards available on the Website are valid for 365 days from the date of the order. The validity dates are indicated on the paper or electronic documents received by the Customer and/or the Beneficiary, and on the Gift Boxes and Gift Cards web page. Some validity periods may change, depending on the type of Gift Box or Gift Card and the promotions applied. In this case, the deadlines are also specified on the description of the Gift Boxes and Gift Cards and on the paper or electronic documents received by the Customers and/or the Beneficiary.
12 – Guarantees
Groupe Lucien Barrière is bound by the legal guarantee of compliance and latent defects in accordance with Articles L217-4 et seq. of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code vis-à-vis Customers and Beneficiaries, excluding Customers and Beneficiaries that are legal entities (such as works committees and companies).
It must be noted, however, that by offering Customers and Beneficiaries Gift Boxes and Gift Cards for the purpose of benefiting from one of the Services contained in the said Gift Boxes and using Gift Cards with one of the Partners, Groupe Lucien Barrière acts as an agent only of the said Partners. Groupe Lucien Barrière’s liability is therefore limited to that of its status as agent, with the Service Provider remaining solely liable for the proper performance and compliance of the Services.
To this end, the Customer and/or the Beneficiary are requested to contact Customer Service in accordance with the terms of Article 21.
13 – Liability
1. The photographs presented on the Website are not binding. While every effort is made to ensure that the photographs, visual images and texts reproduced to illustrate the Services included in the Gift Boxes and/or Gift Cards give as accurate an impression of the said Services as possible, variations may occur, in particular due to any change of furnishings or renovations. The Customer and/or the Beneficiary may not make any claim as a result.
2. In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements comprising the Gift Boxes and/or Gift Cards are strictly prohibited, as is any reproduction of the Partners’ decorations and/or characteristic features.
To respect the privacy and image rights of the Partners’ other customers, the Customer shall refrain from photographing them within the Partners’ establishments or outbuildings, and/or from publishing photographs taken under such conditions.
3. Groupe Lucien Barrière is not liable for any direct or indirect damage resulting from the actions of a third party, the Customer, the Beneficiary or the Partners.
4. Hypertext links may connect to websites other than those of Groupe Lucien Barrière and its subsidiaries and SFCMC and its subsidiaries, none of which shall be liable in any way for the content of such linked sites and the services offered. Groupe Lucien Barrière and its subsidiaries, on the one hand, and SFCMC, on the other, have implemented measures to protect and secure their information system against malicious acts. However, connection to the Website and completion of an Order implies that the Customer understands and accepts the characteristics and limitations of the Internet, and that certain data may not be protected against possible misappropriation, piracy, or risks of contamination by any viruses circulating on the network. Groupe Lucien Barrière and its subsidiaries, on the one hand, and SFCMC and its subsidiaries, on the other, accept no liability in the event of misuse or any incident linked to the use of a computer or any device allowing access to the Internet, the maintenance or malfunction of the website or any other technical connection, and the transmission of information to an incorrect address.
5. Any payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer shall result in the Order being canceled at the Customer’s expense, without prejudice to any civil or criminal action which may be taken against the Customer.
14 – Personal data
1. Your personal data requested in connection with your order, i.e. your title, surname, first name, postal address, telephone number including country code, email address, bank card details (card number, card type, cardholder’s name, expiry date and CVV number in the event that it is sent to us), as well as any data communicated or generated by your browsing on the website, constitute confidential data.
2. This data is only accessible to the companies of Groupe Lucien Barrière and Groupe SFCMC, as well as to our subcontractor responsible for managing our “order” pages. The purpose of this data is to process your order, and, provided that you have consented by checking the corresponding box, to send you our newsletter, or to respond to your requests or send promotional offers. This data is retained for the period necessary for the commercial relationship established between the Customer and Groupe Lucien Barrière and Groupe SFCMC.
3. Some of the information requested in the forms is mandatory, as indicated by an asterisk. If you choose not to send us this information, we will not be able to process your request.
4. Pursuant to the French Data Protection Act of January 6, 1978, as amended, you have the right to access, edit, erase, and to request restricted processing of your personal data.
You also have the right to object to the processing of your data for legitimate reasons, the right to object to the processing of your data for the purposes of commercial prospecting, and the right to give us instructions on what should happen to your data after your death.
5. To learn more about your rights concerning your personal data and how it is processed, please consult our privacy policy on the following Websites:
https://www.casinosbarriere.com/fr/politique-de-confidentialite.html
https://www.hotelsbarriere.com/fr/informations-legales/politique-de-confidentialite.html
5. To exercise these rights, please contact the Groupe Barrière Personal Data Protection Officer, either by post to: 33 Rue d’Artois, Paris 75008, France, or by email to: dpo@groupebarriere.com.
6. Where the processing of your data involves transfer outside of the European Union, such transfers are subject to the appropriate guarantees. When the sharing of this information involves a transfer to the United States, the said transfer is carried out based on Privacy Shield certification or standard European Union contractual clauses.
The Customer consents to this transfer for the performance of their contract.
15 – Cookies
To find out more about the use of Cookies, the Customer and the Beneficiary are expressly requested to read the Groupe Lucien Barrière Policy available on the following Websites:
https://www.casinosbarriere.com/fr/politique-de-confidentialite.html
https://www.hotelsbarriere.com/fr/informations-legales/politique-de-confidentialite.html
16 – Intellectual property
1. The elements presented on the Website, the Gift Boxes and the Gift Cards and their packaging (photographs, texts, slogans, trademarks, logos, drawings, images, databases, animated sound sequences, etc.) and the Website’s source code are the exclusive property of Groupe Lucien Barrière and/or third parties holding the rights relating thereto.
2. These General Terms and Conditions of Sale do not grant the Customer any rights over the Intellectual Property Rights of Groupe Lucien Barrière and/or the Partners.
Any reproduction or representation of the said Intellectual Property Rights, in whole or in part, for any reason whatsoever and on any medium whatsoever, is subject to prior written authorization from Groupe Lucien Barrière and/or the Partners. If they are not used in accordance with these General Terms and Conditions, action may be taken against the Customer by Groupe Lucien Barrière and/or the Partners.
3. The use of all or part of the Website, in particular by downloading, reproduction, transmission, representation or dissemination for purposes other than the Customer’s personal and private use, for commercial or non-commercial purposes, is strictly prohibited. It is also prohibited to extract or reuse quantitatively or qualitatively substantial parts of the content of any of the databases on this Website without prior authorization from Groupe Lucien Barrière, whether or not these databases are protected by Articles L.341-1 et seq. of the French Intellectual Property Code. Failure to comply with these provisions will leave you subject to the penalties provided for by law.
17 – Agreement of proof
1. Entering the required banking details and acceptance of these General Terms and Conditions and the Order constitute acceptance between the Parties, having the same value as a handwritten signature.
2. The computerized records kept in Groupe Lucien Barrière’s IT systems shall be stored under reasonable security conditions and considered as evidence of communications, orders, and payments made between the parties.
18 – Force majeure
1. Groupe Lucien Barrière and its subsidiaries, SFCMC and its subsidiaries, and any other company affiliated with the Barrière brand may not be held liable vis-a-vis the Customer in the event of non-performance of its obligations resulting from a force majeure event.
2. Similarly, the Customer may not be held liable vis-a-vis Groupe Lucien Barrière and its subsidiaries, SFCMC and its subsidiaries, or any other company affiliated with the Barrière brand in the event of non-performance of their obligations resulting from a force majeure event.
3. Cases of force majeure or unforeseeable circumstances are those usually recognized under French case law.
19 – Entire agreement
1. These General Terms and Conditions of Sale and the Order Confirmation set out all the obligations of the Parties.
2. No general or specific conditions communicated by the Customer may be incorporated into these General Terms and Conditions.
3. The documents forming the contractual commitments between the Parties are, in descending order of priority, the Order Confirmation as confirmed by the Customer, and these General Terms and Conditions.
4. In the event of contradiction between the Order Confirmation and these General Terms and Conditions, the provisions contained in the Order Confirmation shall be the sole provisions applicable to the obligation in question.
20 – Applicable law
1. These General Terms and Conditions of Sale are governed by French law.
2. This applies to rules of substantive matters and procedure.
21 – Customer Service and claims
For any request for information and details concerning, in particular, the Order, reimbursement, and the procedures relating to Gift Boxes and/or Gift Cards, please write:
• either by post to: Coffrets Cadeaux Barrière, 33 Rue d’Artois, 75008 Paris, France;
• Or via the “Contact-us” section of the website
22 – Mediation
In the absence of a satisfactory response within 60 days of contacting the Website’s Customer Service Department, the Customer may contact the Tourism and Travel ombudsman, whose contact details are as follows:
Tourism and Travel Ombudsman (Médiation Tourisme et Voyage)
• Postal address for official complaint: MTV Médiation Tourisme et Voyage, BP 80 303, 75823 PARIS CEDEX 17, FRANCE
• Email: info@mtv.travel
• Information: http://www.mtv.travel
