General Terms and Conditions of Sale
Article 1 – Preliminary provisions
The present general terms and conditions of sale (hereinafter the “GTC”) apply in their entirety from April 2023 to all activities and services organized within the Truffle Museum (hereinafter the “Services”) and sold to individual customers and/or groups (hereinafter the “Customer(s)”) by MUSÉE DE LA TRUFFE (hereinafter the “Seller”).
The GCS govern all sales of Services made at the ticket office of the Truffle Museum, or online on the website of the Truffle Museum www.museedelatruffe.com (the “Website”).
The Seller offers Customers (i) entertainment and leisure Services in the form of a self-guided tour of the Truffle Museum, sold as a simple ticket, and (ii) any other related services (shop, etc.).
Within the framework of the GCS: the “Admission Ticket” refers to a ticket or document allowing the Client to make a free visit to the Truffle Museum on a specific date. Any purchase of one of the Services implies unreserved acceptance of the GCS by the Client.
Article 2 – The seller
The Services covered by this agreement are organized and sold to Clients by:
S.T. MUSEE, SASU (simplified joint-stock company with a single shareholder and capital of 1000 euros),
Registered office: 9 Rue des Consuls 24200 Sarlat-la-Caneda
Contact: Tel: 09.73.45.71.42 EMAIL: contact@museedelatruffe.com
Intra-Community VAT number: FR01912649878,
Registered with the Bergerac Trade and Companies Register under no. 912 316 878,
Article 3 – Ordering services
The purchase of Services (hereinafter the “Order”) is carried out:
– for Admission Tickets and tickets:
o at the Seller’s ticket office at 9 Rue des Consuls 24200 Sarlat-la-Caneda, every day of the year, except in the event of exceptional closure,
o online on the Website accessible from the following address: museedelatruffe.com
A Customer may not reserve more than one hundred (100) Entrance Tickets per Order, regardless of the method of acquisition of said Tickets. All Orders must include the selected Services, the member and the age of the beneficiaries.
3.1. Online Order
For all online Orders, the Customer is asked to enter their surname, first name and e-mail address, then to select the type of ticket and the desired date. In accordance with the provisions of Article 1369-5 of the Civil Code, the Customer has the option of checking the details of their Order and its total price, and if necessary of correcting any errors before confirming it and thus expressing their acceptance. To finalize the Order, the Customer must read the GCS, accept them by ticking the box provided for this purpose and proceed with payment according to the terms and conditions provided for in Article 5. The Order is only firm and final when the full price has been received by the Seller. The sales contract is then deemed to have been formed. For any online Order for Services, the Customer receives a confirmation by email summarizing their purchases, the price and the essential characteristics of the Services purchased. The confirmation email includes:
– The debit note specifying the Services purchased,
– The dematerialized access Ticket(s) for the Packages and Services.
The Order confirmation email received by the Customer serves as proof of the entirety of the transaction in accordance with the provisions of law no. 2000-230 of March 13, 2000 and constitutes the sole authentic document in the event of a dispute.
Article 4 – Price of services
The applicable rates indicated on the communication media and on the Seller’s Website are stipulated in euros and include all taxes. In general, and unless otherwise specified, the price of the Services does not include administration fees, personal expenses, additional services and insurance.
4.1. Online order
The price of an admission ticket includes at least one visit to the Truffle Museum for one adult or one child. Tickets are valid for the current season. Children up to and including fifteen (15) years of age enjoy free admission to the Truffle Museum. Children must be accompanied by an adult when visiting the Museum.
Article 5 – Payment methods and means
The full price must be paid in full in cash at the time of ordering and in euros.
5.1. Cash / Gift voucher
For any Order placed at the cash desk of the Truffle Museum, the Customer may pay in cash or by credit card. Cash payments by Customers whose tax domicile is in France are limited to a sum of €1,000 per Order in accordance with the provisions of Articles L 112-6 and D.112-3 of the Monetary and Financial Code. The gift card must be valid at the time of purchase and the Truffle Museum must be a partner of the issuer of the said voucher. The Seller does not give change on gift vouchers.
5.2. Bank card
For any Order placed online or at the cash desk of the Truffle Museum, the Customer may pay by bank card. Unless otherwise stated when the Order is placed, only bank cards from the CARTE BLEUE/ VISA and EUROCARD/MASTERCARD networks are accepted. The Customer’s bank account will be debited for the price of the Order as soon as it is confirmed. For any Order at the cash desk of the Truffle Museum, the proof of payment is immediately issued to the Customer after payment. For any online Order, the proof of payment can be automatically viewed by the Customer, at the end of the Order, on the confirmation page and in the Customer account created for the occasion on the Seller’s Website.
5.3 Bank Cheque
Bank cheques are not accepted.
5.4 Secure payments
Electronic payments made as part of online Orders on the Seller’s Website are secured by the use of a payment solution guaranteeing the confidentiality and security of the data.
Article 6 – Issuing of admission tickets
For any Order at the cash desk of the Truffle Museum, the Customer will immediately receive his Admission Ticket. For any Online Order, the dematerialized Admission Tickets (E-ticket) will be sent by email immediately after payment of the Online Order.
Article 7 – Admission Ticket Inspection
7.1 Admission Ticket
An Admission Ticket is valid for the current season. Admission Tickets are checked at the entrance to the Truffle Museum. In this context, the Vendor reserves the right to also check the identity of Customers holding Admission Tickets and their eligibility for reductions.
Customers with a dematerialized admission ticket (E-ticket) may access the Service ordered directly. The dematerialized admission ticket (E-ticket) is only valid if it is printed on white, blank paper on one side and/or if it is displayed on the screen of a Smartphone. The Customer remains solely responsible for the use made of his or her Admission Ticket(s). An Admission Ticket that is damaged, has an illegible number or has already been scanned will be considered invalid.
Article 8 – Right of withdrawal
The sale of admission tickets for a museum or services related thereto is considered to be a sale of leisure services and, in accordance with Article L 121-21-8-12° of the Consumer Code, does not give any right to a withdrawal period.
Article 9 – Exchange and cancellation
9.1 By the Client
Entrance tickets for self-guided tours and related services are non-refundable.
9.2 On the part of the Seller
In the event that the Vendor is forced to cancel or modify an essential element (date, price, quantity) of one of the Services ordered by the Client, the latter has the right to refuse the proposed modification and to obtain a full refund of the price of the Services ordered.
Article 10 – Liability
The Vendor is responsible for the proper execution of the Services ordered under the conditions set out in these GCS. The Seller, who is only bound by an obligation of means with regard to online sales, cannot be held liable for any inconvenience or damage inherent to the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses and, in general, any other event expressly qualified by jurisprudence as a case of force majeure. The Vendor cannot, under any circumstances, be held responsible in the event of the loss or theft of Entrance Tickets or the personal belongings of Customers that have not been deposited in the space provided for this purpose. The Vendor is solely authorized to determine the operating and maintenance conditions of the Truffle Museum, according to its needs and/or constraints, and has sole decision-making power regarding (i) the opening calendar and opening hours to the public of the Truffle Museum; (ii) the services and exhibitions it offers as well as their conditions of use; (iii) the prices and terms and conditions of sale of the Services it offers to the public within the Truffle Museum; (iv) the program of maintenance, repair, rehabilitation, and renovation of all or part of the equipment; (v) the implementation of standards and rules concerning, in particular, the safety and health of persons and property of the Truffle Museum. The Seller may, at its sole discretion, decide to close all or part of the Truffle Museum to the public for as long as necessary, in particular for the performance of work necessary for the safety and protection of visitors, or work related to the maintenance, repair or renovation of all or part of the equipment of the Truffle Museum, or in the event of force majeure compelling the Seller to close all or part of the Truffle Museum.
Article 11 – Force majeure
In the event that the performance of the obligations incumbent on the Seller is delayed or prevented, in whole or in part, due to the occurrence of a case of force majeure as defined by Article 1218 of the Civil Code, the Seller shall inform the Client by any means. In the event of force majeure, the Seller’s obligations shall be automatically suspended without the Seller being held liable as a result. However, the Seller may offer the Customer an alternative date for the consumption of the Services ordered and impacted by the force majeure.
Article 12 – Proof, conversation and archiving
In accordance with Article L.213-1 of the French Consumer Code, for any Order placed online on the Seller’s Website involving an amount greater than or equal to €120, the Seller shall ensure the preservation of the document recording the Customer’s Order for a period of ten (10) years from the delivery that was the subject of the Order and guarantees access to it at any time during this same period.
Article 13 – Termination clause
Except in cases of force majeure as defined in Article 11 of the GCS, in the event of the Seller’s failure to fulfill its obligation to provide the Services on the date or within the period indicated to the Customer, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having enjoined, in accordance with the same procedures, the Seller to provide the Services within a reasonable additional period of time, the Seller has not complied within this period. The contract shall be deemed to have been terminated upon receipt by the Seller of the letter or writing informing him of this termination, unless the Seller has complied in the meantime. Nevertheless, the Client may terminate the contract immediately if the Seller refuses to provide the Services or fails to fulfill its obligation to provide the Services on the date or within the period indicated to the Client, and this date or period constitutes an essential condition of the contract for the Client. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract (Article L216-2 of the Consumer Code).
Article 14 – Complaints
Any complaint relating to the reservation of the Services or their performance must be addressed to the Seller’s Complaints Department (MUSÉE DE LA TRUFFE, 9 Rue des Consuls, 24200 Sarlat-la-Canéda) by registered letter with acknowledgement of receipt within twenty (20) days of the performance of the Services, accompanied by all supporting documents (admission tickets) (i) issued to the Customer as part of their Order and (ii) proving the merits of their claim (medical certificate, photograph, official report), failing which the claim will not be processed. For all Orders placed online, complaints may also be made on the Seller’s Website (in the “Contact” section). Any Customer who has not obtained a satisfactory response to his complaint within sixty (60) days after referring the matter to the Seller’s Complaints Department may have recourse, free of charge, to a mediation procedure with the Tourism and Travel Mediator according to the terms and conditions set out on the website www.mtv. travel/ (MTV Médiation Tourisme Voyage – BP 80 30375 823 Paris Cedex 17) within a maximum period of one (1) year from the written complaint made to the Seller.
Article 15 – Intellectual property rights
The Seller’s Website is subject to French legislation on copyright and intellectual property. Any total or partial reproduction of the brands, logos or distinctive signs from the Website without the express written authorization of the Seller is therefore prohibited within the meaning of Article L 713-2 of the Intellectual Property Code.
Article 16 – Protection of personal data
Under these GCS, the Seller collects certain personal information and data from Customers, such as full name, e-mail, telephone number and address, without this list being exhaustive. This data is processed for the following purposes: management of the Order, access to the Truffle Museum and the sending of commercial offers if the Customer has expressly agreed to receive offers from the Seller and/or its partners by ticking the box provided for this purpose when placing the Order.
The processing is carried out under the responsibility of the Seller and the data collected is intended for the exclusive use of the latter and/or its partners if the Customer has expressly agreed to receive offers from the Seller and its partners.
The data collected to manage the Order will be kept: (i) for five (5) years from the date of collection if the Order amount is less than €120, (ii) for ten (10) years if the Order amount is equal to or greater than €120.
Credit card details will be kept for fifteen (15) months after the transaction for evidentiary purposes in the event of a dispute. The security code is not kept beyond the transaction. Data collected for commercial prospecting purposes will be kept for three (3) years from the date of collection. At the end of these periods, the data will be deleted. As an exception, data collected for commercial prospecting purposes may be kept for a further period of three years if the Customer agrees to continue receiving commercial offers from the Seller and/or its partners. Each Customer has the right to access, rectify or delete personal data concerning him/her, or to obtain the limitation of the processing or to object to this processing, which can be exercised as follows: by email to the following address: contact@museedelatruffe.com or by post to the following address: Musée de la Truffe, 9 Rue des Consuls, 24200 Sarlat-la-Canéda. With regard to the sending of commercial offers, the Customer has the right to withdraw his or her consent to the processing of his or her data at any time. The Customer has the right to lodge a complaint with the CNIL if he or she considers that his or her rights have not been respected. The contact details of the CNIL are as follows: National Commission for Data Protection and Liberties, 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France – Tel: +33 1 53 73 22 22 – Fax: +33 1 53 73 22 00 – Website: https://www.cnil. en/en/complaints
In accordance with articles L.223-1 et seq. of the French Consumer Code, if the Customer no longer wishes to be canvassed by telephone on the number he/she had given to the Seller, he/she may at any time enter this telephone number on the list to oppose telephone canvassing via the Internet at www.bloctel.gouv.fr or by post by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret 10000 Troyes.
Article 17 – Disputes
Any sale of Services made by the Client in application of the GTS is subject to French law. In accordance with the provisions of Article L.211-3 of the French Consumer Code, in the event of a dispute relating to the validity, interpretation or execution of the GTS, the Customer may have recourse free of charge to a conventional mediation procedure under the conditions of Articles L.611-1 et seq. of the French Consumer Code or any other alternative method of dispute resolution. The Customer is informed of the possibility of resorting to a mediation procedure with the Tourism and Travel Mediator according to the terms and conditions set out on the website www.mtv.travel (MTV Médiation Tourisme Voyage – BP 80 30375 823 Paris Cedex 17) within a maximum period of one year from the written complaint made to the Seller. In the absence of an amicable settlement, the dispute may be brought before the French court with territorial jurisdiction by the most diligent party.