General terms and conditions of sale

General terms and conditions of sale

Last update 22/03/2023

 

The purpose of these General Terms and Conditions of Sale (hereinafter "GTC") is to inform any potential purchaser acting as a consumer (hereinafter "You" or the "Customer") of the terms and conditions under which Jardin d'Acclimatation (hereinafter "Jardin d'Acclimatation" or "Vendor") sells individual tickets for visits to Jardin via its website www. jardindacclimatation.fr (hereinafter "Site") and, secondly, to define the rights and obligations of the Customer and Jardin d'Acclimatation (collectively the "Parties") in connection with these sales. These GCS apply, without restriction or reservation, to all sales of tickets offered by Jardin d'Acclimatation on its Site (hereinafter "Orders").

The Customer declares that he/she is at least 18 years old and has the legal capacity or has parental authorization to place an online Order for Jardin d'Acclimatation products as defined in Article 2 of these GTC.

Jardin d'Acclimatation reserves the right to make any changes to the GTC, these conditions being applicable only to orders made after the said change.

These GTC are supplemented by the Legal Notice and General Conditions of Use (GCU) of the Site and the Privacy Policy accessible from the page Personal Data Site.

Article 1 : Identity of the Seller

 

Name: Société Jardin d'Acclimatation

Address of the head office: Bois de Boulogne 75016 Paris

Registered with the RCS of Paris under number: 582 110 995

Telephone : +33 1 40 67 90 85 from Monday to Friday from 10am to 6pm (UTC+2 and excluding public holidays, free service + price of the call not surcharged)

E-mail : infos@jardindacclimatation.fr

 

Article 2 : Products - Prices and Payment Terms

 

2.1 Description of the Products

Each Customer must have a ticket to access Jardin d'Acclimatation. The Customer may select one or more tickets from among the ticket offers available on the Site, which include (i) unlimited passes and (ii) single entries (the "Products").

 

(i) Unlimited Passes

Jardin d'Acclimatation offers the following unlimited passes:

- The unlimited date Pass: corresponds to an individual admission ticket for a day's visit, the date of which is determined by the Customer, before validation of his or her Order, from among the 365 days following the day of the Order. The Customer is invited to select the date of the visit desired before validating the Order, without any possibility of modification after validation of the Order.

- The unlimited Freedom Pass: corresponds to an individual ticket for one day's visit, valid for the 365 days following the day of purchase. The Customer is free to choose the day of visit he/she wishes among these 365 days.

The unlimited Date Pass and the Unlimited Freedom Pass give access to Jardin d'Acclimatation and all of its attractions for one day, with the exception of the following attractions: the animal rides and the game booths.

The dated unlimited Pass and the unlimited Freedom Pass can only be used once, i.e. they are only valid on the day of entry.

 

(ii) Single admissions
Jardin d'Acclimatation also offers single entries giving access to Jardin d'Acclimatation for a simple walk, excluding the attractions. The Customer will be able to purchase single attraction tickets on site at Jardin d'Acclimatation's ticket offices.

For any question relating to the Products, the Customer may contact the Jardin d'Acclimatation team

- By telephone: +33 1 40 67 90 85 from Monday to Friday from 9 am to 6 pm (UTC+2, free service + price of the call not surcharged)

- By e-mail: boreal@jardindacclimatation.fr

- By the contact form available on the page " Contact us " of the Site

In accordance with the provisions of article L. 221-28 of the French Consumer Code, the Customer does not benefit from the right of withdrawal in relation to Products purchased on the Site.

 

2.2 Product prices

The prices of the Products displayed on the Site in the "ticketing" section are firm. The price of each Product is indicated in euros and includes all taxes.  

Please note that the prices of the unlimited Freedom Pass and Single Entrance are fixed, while the prices of the unlimited Date Pass change according to the season (high, medium or low).

In addition, Jardin d'Acclimatation reserves the right, which the Customer accepts, to modify its prices at any time, without any other formality than to post the modifications on the Site. These changes will not, however, affect Orders that the Customer has validated before the entry into force of these changes.

 

2.3 Free admission and preferential rates

Free single entrance to Jardin d'Acclimatation, excluding unlimited passes:

Single admissions to Jardin d'Acclimatation are free for:

- Any person less than 80 centimeters tall;

- Any person with a disability, upon presentation of a valid mobility and inclusion card, as well as any accompanying person over 16 years of age with an identity card.

To benefit from a free single entrance, the Customer must select the corresponding Product at the price of 0 euros and place an order. Visitors who have been granted a free single admission may not enter Jardin d'Acclimatation without a ticket that corresponds to their situation and, if necessary, proof of identity. Such proof may be requested at the time of access control to Jardin d'Acclimatation.

In addition, visitors who have been granted free single admission will be able to purchase single attraction tickets on site at Jardin d'Acclimatation's ticket offices. A companion over 16 years of age accompanying a person with a disability may accompany the person with a disability on the attractions free of charge.

Preferential rates for single admissions to Jardin d'Acclimatation, excluding unlimited passes:

Jardin d'Acclimatation offers preferential rates on single admissions to Jardin d'Acclimatation for:

- Seniors over 60 years of age: upon presentation of an identity card;

- Large families: on presentation of a large family card per person with photograph;

- Job seekers: on presentation of a certificate from the employment office dated less than 3 months;

- Any person receiving the Active Solidarity Income (RSA): upon presentation of a certificate dated less than 3 months.

The obtaining of a single Admission at a preferential rate is subject to the presentation of the associated proof. Such proof may be requested at the time of access control to Jardin d'Acclimatation.

In addition, visitors with a single Admission at a preferential rate will be able to purchase single attraction tickets on site, at Jardin d'Acclimatation's ticket offices.

Preferential rates on unlimited passes (dated unlimited pass or unlimited freedom pass):

Jardin d'Acclimatation offers a preferential rate for the purchase of 4 unlimited passes. Unlimited Passes ordered as part of this offer must be used on the same day of the visit. If one of the Unlimited Passes has been invalidated at the entrance to the Jardin d'Acclimatation during a visit, the other unlimited Passes will also become invalid at the end of the same day of visit.

2.4 Placing an Order and payment

Once the Customer has selected the desired Products, the Customer may check the details of his/her Order and correct any errors.

The Customer will be asked to fill in the information required to process the Order, or to log in to his/her customer account if applicable, and then to select his/her method of payment, from among the following methods

- Payment by credit card: the Customer will be asked to enter his/her bank details (Visa, Mastercard or American Express);

- Payment via Google Pay or Apple Pay: the Customer will then be redirected to the corresponding website to finalize his payment. The Customer is required to read the specific conditions applicable to these payment methods.

For the Order to be valid, the Customer must have checked the box opposite the message "By checking the following box, I acknowledge that I have read and accepted the GTC", before clicking on "Buy Now".

Once the payment is accepted, Jardin d'Acclimatation will send the Customer an email confirming the Order and the payment, including a copy of these Terms and Conditions of Sale applicable to the Order on a durable medium.

It is the Customer's responsibility to save and print the confirmation of the Order and payment if he/she wishes to keep the details of the transaction.

Jardin d'Acclimatation reserves the right to suspend or cancel any execution of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Customer, in the event of incident of payment, or in the event of fraud or attempted fraud relating to the use of the Site of Jardin d'Acclimatation.

Article 3 : Obtaining the tickets

The Customer shall obtain the ticket(s) ordered in the following formats:

- Tickets that can be printed out by the Customer immediately after validation of the payment and the Order, via his/her personal space, or via a link sent by e-mail to the e-mail address provided by the Customer. It is the Customer's responsibility to ensure that the e-mail address provided at the time of ordering is correct.

Print-at-home tickets are permanently available until the date of the event on Jardin d'Acclimatation website.

The print-at-home ticket allows the Customer to print the tickets purchased on an ordinary printer from an Internet access. Each ticket is provided in the form of a PDF file.

To be valid, the ticket must be printed in portrait format (vertical) without changing the print size, on a blank white A4 sheet of paper, front and back. One ticket is issued for each seat purchased.

- Dematerialized tickets when they are downloaded as an image using a smartphone.

 

Article 4: Conditions of use

The Products cannot be taken back, refunded (especially in case of loss or theft of tickets), exchanged or resold except in case of hidden defect or non-conformity of the said Products. In addition, in accordance with the provisions of Article L. 221-28 of the French Consumer Code, the Customer does not benefit from the right of withdrawal in relation to Products purchased on the Site.

Any holder of a Product acquired within the framework of the offers of Jardin d'Acclimatation is prohibited, under penalty of possible legal proceedings, to use it for promotional or commercial purposes whatever they are. In particular, unless specifically agreed by Jardin d'Acclimatation, any sale, resale or exchange of tickets is strictly forbidden under penalty of sanctions provided for in the Penal Code.

Printed or dematerialized Jardin d'Acclimatation tickets have a unique barcode. The validity of tickets is checked and recorded at the entrance using barcode readers. They are valid only once. Duplication or reproduction of tickets is prohibited. Reproduced, copied, or imitated tickets will not allow access to Jardin d'Acclimatation.

Only the first person presenting this ticket will be admitted to the Jardin d'Acclimatation. This person will be presumed to be the legitimate bearer of the ticket. The Jardin d'Acclimatation is not required to verify the identity of the person presenting the ticket in order to verify that he or she is the purchaser of the ticket, or to verify the authenticity of the ticket.

Entry to the Jardin d'Acclimatation may be refused if a valid ticket is not presented, along with proof of free admission or preferential rates, if applicable.

Article 5 : Inaccessibility of Jardin d'Acclimatation

In the event that the Jardin d'Acclimatation is inaccessible, except in the case of force majeure as defined by the French courts and the closure of the parks and gardens of the city of Paris, the price of the unlimited dated Passes and/or single Entrance tickets for which the date of visit corresponds to a day on which the Jardin d'Acclimatation is inaccessible will be reimbursed to the Customer, within a maximum of three months from the date of the planned visit, on presentation of the ticket that has not been invalidated and of the means of payment used by the Customer to order the said ticket on the Website.

Insofar as possible, the Jardin d'Acclimatation undertakes to communicate the dates on which Jardin d'Acclimatation will be inaccessible to Customers both by communication via the Website and by sending information messages by email to the address given at the time of the Order.

The Jardin d'Acclimatation undertakes to respond in writing within one month of the date of receipt of the request for reimbursement.

 

Article 6 : Archiving and proof of contract

The Customer agrees that exchanges between the Parties shall be made by electronic mail. The conservation on the computer systems of Jardin d'Acclimatation of the Order, the confirmation of the acceptance of the Order and any exchange between the Parties will be considered as proof of the contract of sale.

The computerized records kept in the computer systems of Jardin d'Acclimatation and its partners will be considered as proof of communications, orders and payments between the Parties.

The invoices relating to the Orders are archived by Jardin d'Acclimatation during: (i) 5 years as from the last Order if the amount of it is lower than 120 euros, and (ii) 10 years as from the last Order if the amount of it is higher than 120 euros. At any time, the Client can access the details of his or her past Orders by logging into his or her client account or by sending an e-mail to cc@jardindacclimatation.fr.

Article 7 : Responsibility

The Customer remains the sole judge of the appropriateness and suitability to his/her needs of the products he/she orders on the Site.

Jardin d'Acclimatation could not be held responsible for the use by a third party of products ordered by the Customer, the latter being solely responsible for their use.

In addition, the responsibility of Jardin d'Acclimatation under the obligations of these GTC can not be held liable if the failure to perform its obligations would be attributable to the fact of a third party, the fault of a Customer, or the occurrence of an event of force majeure as defined by the French courts.

It is recalled that the Customer, prior to his Order, declares to have full legal capacity, allowing him to engage under these Terms and Conditions of Sale. Jardin d'Acclimatation can in no way be required to verify the legal capacity of its visitors and customers of the Site. Accordingly, if a person without legal capacity ordered items on the Site, his legal guardians would assume full responsibility for this Order and should pay the price.

 

Article 8 : Complaints - information

For any complaint relating to the General Conditions of Sale on the Site, the Customer can contact Jardin d'Acclimatation:

- By phone : +33 1 40 67 90 85 from Monday to Friday from 10am to 6pm (UTC+2 and excluding holidays, free service + price of the call not surcharged)

- By e-mail : assdir@jardindacclimatation.fr

It is specified that in case of inappropriate behavior of the Customer towards the staff of the Jardin d'Acclimatation or members of the Customer Service (violent, defamatory, offensive, indelicate ...), Jardin d'Acclimatation reserves the right to change the interlocutor of the Customer, to report this Customer to the Customer Service, not to respond to this Customer by blocking his number and / or exclude it from its customer database.

 

Article 9 : Personal data

Personal data relating to the Customer are processed by Jardin d'Acclimatation for the purpose of managing the Site and Orders.

For more details on how the Jardin d'Acclimatation treats the personal data of its Customers and on the rights of the Customers in terms of protection of personal data, please consult the page Personal Data of the Site.

IMPORTANT : It is the responsibility of the Customer to keep his contact information up to date. Jardin d'Acclimatation will not be held responsible for any error in the Customer's contact details, particularly in the case of an error in the email address required to obtain tickets.

 

Article 10 : Force majeure

The execution by the Seller of all or part of its obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the execution thereof. The Seller shall not incur any liability as a result of such suspension.

Article 11 : Intellectual property

The brand of Jardin d'Acclimatation and all intellectual property rights attached to the products sold on the site are and remain the exclusive property of Jardin d'Acclimatation. All rights of exploitation are exclusively reserved to them.

Under these conditions, no one is authorized to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, the intellectual property rights without the prior written consent of Jardin d'Acclimatation. The trademarks and logos of Jardin d'Acclimatation are registered trademarks. Any reproduction constitutes, consequently, a counterfeit.

 

Article 12: Disputes - applicable law

These GTC are governed by and subject to French law. They are written in French. In case of translation into other languages, the French version shall prevail in case of conflict.

In the event of a dispute arising in connection with an Order placed on the Web site and following the failure of a prior written complaint by the Customer to the customer service department within the last year or in the absence of a response from this department within a reasonable period of time, the Customer may, if he or she so wishes, resort to any alternative dispute resolution method, including mediation, and in particular by accessing the European platform for online dispute resolution at the following address http://ec. europa.eu/odr, which will attempt to reach an amicable resolution of the dispute in complete independence and impartiality. The Customer is free to accept or refuse the recourse to mediation and, in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.

In the absence of an amicable solution or mediation, all disputes to which the purchase and Sale operations concluded in application of the present general conditions of Sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their after effects, will be submitted to the competent courts in accordance with the rules of common law.

  

Article 13: Miscellaneous

13.1 Partial invalidity

If one or several stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their range.

13.2 Non-Waiver

The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.

13.3 Entirety

The GTC, the Order summary sent to the Customer and the Order confirmation e-mail form a contractual whole and constitute the entirety of the contractual relationship between the Parties. They are the only contractual documents binding on the Parties, and do not include any other document or photograph of the Products, which shall be deemed to be indicative only.