General Terms and Conditions of Sale - Booking an Experience
Last updated: July 17, 2023
GENERAL TERMS AND CONDITIONS OF ONLINE SALE
MINUTY CASTLE TOURS
Applicable from June 2025
This website (the " Site " is published and operated by MINUTY SAS, a simplified joint-stock company with a capital of 273,000 euros, registered under number 597 180 488 RCS Fréjus and whose registered office is located 2491 Route de la Berle - 83580 Gassin, France, VAT number is FR 73 597 180 488 Such. : 04 94 56 12 09 (“ MINUTY ”).
Article 1 — Scope
Any order for participation in a wine tasting at the Domaine and/or a visit to the MINUTY estate located at 2491 route de la Berle - 83580 GASSIN (the(s) « Service(s) ") with MINUTY, by the client, namely any natural person (the " Customer "), is governed by these general terms and conditions of sale (the " Terms and Conditions "), which cancel and replace, where applicable, the previous ones from their entry into force.
MINUTY's failure to invoke any of the provisions of the General Terms and Conditions cannot be interpreted as a waiver of its right to invoke them subsequently.
In the event that any clause of the General Terms and Conditions is deemed invalid, the other stipulations shall continue to be fully valid and have full effect.
MINUTY reserves the right to modify these Terms and Conditions. The new version of the Terms and Conditions will be applicable from the day of its publication on the Website.
Article 2 — Ordering Services
2.1 Placing the order and forming the contract
All orders placed by a Customer are made exclusively via the website www.minuty.com.
After completing the form on the Site, the Customer views a summary of their order.
For the sales contract to be formed, the Customer must pay for the order. If MINUTY does not receive payment, the order will be considered void.
Tickets are nominative and intended for individual consumers and may not under any circumstances be resold, transferred for consideration or exchanged.
2.2 Order modification and cancellation by MINUTY
Before the start of the Services, MINUTY reserves the right to cancel, postpone a session of Services or adapt the Services and their times in the event of partial unavailability of the facilities, due in particular to maintenance constraints or work on the reception site.
In this case, MINUTY will inform the Client in writing or by telephone at the number(s) or address(es) provided by the Client, as soon as it becomes aware of any event that may have an impact, in whole or in part, on the Services, and will endeavor to find a compromise satisfactory to both parties. If, however, no compromise can be reached between the parties, each party will have the right to cancel the order under the conditions set forth in Article 2.3 below.
2.3 Cancellation and modification of tickets by the Customer
The Customer has the option to modify and/or cancel their reservation up to twenty-four (24) hours before the start of the Service. In the event of cancellation at least twenty-four (24) hours before the start of the Services, a refund will be issued to the bank account from which the Client made the payment. In the event of late cancellation by the Client (less than twenty-four (24) hours before the start of the service) or failure of the client (or one of their guests) to appear, No refunds will be issued.
The sale or reservation of the Services is considered equivalent to the sale of leisure services and, in accordance with Article L Article 221-28-12° of the Consumer Code does not grant any right of withdrawal. The only conditions for canceling and modifying tickets are those specified above.
Article 3 — Pricing and Commercial Terms
The prices and terms of sale of the Services are those detailed on the Site in effect on the day the order is placed by the Client.
Subject to the application of applicable regulations, MINUTY reserves the right to modify its prices and terms of sale at any time during the current calendar year .
The prices indicated by MINUTY for the Services are expressed in euros (€), and include all taxes (TTC).
MINUTY does not provide passenger transport services, and therefore travel to and from the venue remains the sole and entire responsibility of the Client. Consequently, no compensation will be due to the Client if they are unable to attend the Services on the agreed dates.
Article 4 — Payment terms
Unless otherwise agreed in writing with the Client, payment is made in euros (€) via the Adyen payment platform , accessible from the Site on a bank account belonging to MINUTY.
Payment must be made by an adult who is the holder of the bank account from which the payment is made.
Any delay or failure to pay for an order will automatically result in the cancellation of the order.
Article 5 — Performance of Services
MINUTY undertakes to perform the Services with all due diligence and care.
MINUTY cannot under any circumstances be held responsible for the consequences resulting from misinterpretations by the Client of the information provided during the Services.
Given the nature of the Services, start and end times may be subject to change. Therefore, a delay in the performance of the Services or a change in schedule by MINUTY will not result in the cancellation of the Service order, nor will it justify any claim for compensation, penalties, or costs of any kind.
In the event of cancellation or modification of the order by MINUTY, including in the context of exceptional circumstances or in application of any government measure, MINUTY will inform the Client in writing at the address(es) provided by the Client, as soon as it becomes aware of any event which would have an impact, in whole or in part, on the Services.
In the event of a full cancellation, MINUTY undertakes to refund the Client all sums paid. The refund will be issued using the same payment method used by the Client for the order.
In any event, the Client undertakes to comply with the hygiene and social distancing measures in force on the date of the Services and the Visitor Charter which is made available to him when MINUTY sends him an offer of Services.
Cases of force majeure (as defined by article 1218 of the Civil Code), fortuitous events or similar events release MINUTY from any obligation to provide Services and from any liability, without compensation.
No claim from the Client will be validly considered, and the Services will be deemed compliant in quantity and quality, unless the claim is made within seven (7) days of the date the Services were performed and is documented by the Client. If, after review, the claim, made within the aforementioned period and sufficiently documented, is found to be well-founded, MINUTY may reimburse a portion of the Services, its liability being strictly limited to this obligation, such that MINUTY shall under no circumstances be liable for any compensation for any damages whatsoever or for the payment of any costs whatsoever.
Given the nature of the Services, MINUTY reserves the right not to provide the service in the event of a delay of more than 15 minutes.
Article 6 — Compliance with regulations and Client responsibility
MINUTE reserves the right to refuse any order from a Customer who does not comply with the stipulations of the General Terms and Conditions and/or the legislative and regulatory provisions in force in France or in the Customer's country.
In accordance with anti-money laundering regulations, the Client declares that :
· The origin of the funds he pays to MINUTY for the purchase of the Services is lawful and does not stem from any activity contrary to national and international laws relating to financial transactions. ;
· He did not derive any direct or indirect benefit from a false justification of income by the perpetrator of a crime or offense, nor did he assist in any operation involving the placement, concealment, or conversion of the direct or indirect proceeds of a crime or offense.
The Client agrees to comply with applicable laws and regulations regarding the fight against corruption.
Furthermore, the Client declares that he is aware of and agrees to comply with the applicable road traffic regulations in France, and in particular the provisions relating to the level of alcohol permitted for drivers of motor vehicles, it being specified that breathalyzers will be kept at the Client's disposal during the Services.
The Client agrees to manage any unruly behavior from their guest(s) and will bear full responsibility for any incidents that may occur due to their guest(s) during the Services.
No alcoholic beverages may be served or consumed other than those selected by MINUTY.
Finally, the Client agrees to respect the image rights of the individuals performing the Services.
Article 7 — Intellectual Property
All information provided by MINUTY, whether visual or audio, MINUTY trademarks and/or logos, texts, comments, illustrations, and images reproduced or displayed, particularly on the websites visited and on all communication materials associated with the Services, as well as any products served during the Services, are protected by intellectual property rights. They are the exclusive property of MINUTY. As such, and in accordance with the provisions of the Intellectual Property Code, their use is authorized only for private purposes. Any other use, especially for commercial purposes, is strictly prohibited.
Reproduction or representation of all or part of any of the aforementioned elements is strictly prohibited (except with prior written agreement from MINUTY to the Client).
Article 8 — Personal data
In the context of providing the Services, MINUTY may collect, process and store the Client's personal data, under the conditions set out in the Personal Data & Cookies Charter accessible on the Site .
Article 9 — Dispute
9.1 Applicable Law
Any dispute relating to the interpretation and execution of the General Terms and Conditions is subject to French law.
The French version of the Terms and Conditions is the only one that shall be valid in the event of a dispute.
9.2 Jurisdiction
In the event of a dispute with a consumer or non-professional as defined by the French Consumer Code, and following the failure of a written complaint made to MINUTY or the absence of a response from MINUTY within one (1) month, the consumer has the right to use a consumer mediator free of charge for the amicable resolution of the dispute with a professional. The mediator to which MINUTY adheres is the Paris Mediation and Arbitration Centre (CMAP), whose contact details are as follows: : 39 avenue Franklin Roosevelt, 75008 Paris. E-mail address : consumption@cmap.fr. Website https://www.cmap.fr/offre/un-consommateur/
If the consumer wishes to have more information on online dispute resolution, please follow this link to the European Commission's website. http://ec.europa.eu/odr . This link is provided in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.
The Client is free to accept or refuse recourse to mediation and will also always have the option of resolving the dispute by resorting to legal action in accordance with Article R. Article 631-3 of the Consumer Code. In the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the event that the consumer Client waives mediation, or if he refuses the solution proposed by the mediator, the dispute will then be brought before the courts of the Client's choice (either before the courts territorially competent under the Code of Civil Procedure, or the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event), even in the case of summary proceedings, third-party claims or multiple defendants.
In the absence of mediation, the dispute will be brought before the courts of the jurisdiction where MINUTY's head office is located.
CONTACT
For any information, complaints or questions relating to these Terms and Conditions, you can contact us. :
- By email, to the address caveau@minuty.fr
- By telephone (cost of a call to a landline), at 0 4 94 56 12 09 and during the following hours : Monday to Friday, from 9am to 12pm and from 2pm to 6pm.