Terms and Conditions - Sky Spa
Definitions
SKY SPA: Refers to the Sky Spa brand operated by the company SARL LES COTES, registered with the Chambéry Trade and Companies Register under Siren number 513 625 392 000 57, whose registered office is located at Chalet l’Ancolie Crouze, 73320 TIGNES.
GIFT VOUCHER: Refers to one or more treatment(s) chosen from the SKY SPA treatment menu and offered for sale on the WEBSITE, valid for 1 year.
PURCHASER: Refers to the contracting party, a natural person acting as a consumer, who has ordered one or more SERVICE(S) and/or GIFT VOUCHER(S) on the WEBSITE.
BENEFICIARY: Refers to the PURCHASER or a third party receiving the GIFT VOUCHER, depending on whether the PURCHASER uses the voucher personally or offers it to someone else.
WEBSITE: Refers to the SKY SPA website: https://www.alpapart.fr/sky-spa/ on which the SERVICES and GIFT VOUCHERS are displayed and sold to the PURCHASER.
ORDER: Refers to the sales contract concluded between SKY SPA and the PURCHASER. Any order implies an obligation to purchase.
PARTY(IES): Refers jointly or separately to the PURCHASER and/or SKY SPA.
Preliminary Provisions
These general terms and conditions of sale and warranties define the conditions and methods under which SKY SPA offers, via its WEBSITE, the sale of SERVICES and GIFT VOUCHERS to PURCHASERS. Consequently, any ORDER of one or more SERVICES and/or GIFT VOUCHERS by the PURCHASER implies full, prior and unconditional acceptance of these general terms and conditions of sale and warranties, which prevail over any other document, unless special conditions have been expressly agreed in writing by SKY SPA.
The PURCHASER acknowledges having read these terms prior to placing an ORDER. These terms apply exclusively to online sales of SERVICES and GIFT VOUCHERS on the SKY SPA WEBSITE.
SKY SPA reserves the right to modify these terms at any time. However, the applicable terms are those accepted by the PURCHASER at the time the ORDER is placed.
These general terms and conditions supplement the WEBSITE’s terms of use, available at all times in the “Legal Notice” section.
For any questions relating to reservations or purchases, SKY SPA may be contacted at [email protected] or by telephone at +33 (0)4 79 41 44 64.
Any reservation implies the Client’s express acceptance of these GTC, which the Client acknowledges having previously received (available on the Website and communicated before the contract is concluded). These GTC prevail over all other provisions, and the Client’s reservation on this basis constitutes the binding contract between the Parties.
The information contained in these GTC and on the Website constitutes prior information for the Customer in accordance with the provisions of Articles L111-1 of the Consumer Code.
The Customer hereby declares that they have received all pre-contractual information in accordance with the provisions of the aforementioned code and that they are making their reservation in full knowledge of the facts.
Description of services
Sky Spa La Rosière, a brand operated by SARL Les Côtes, offers wellness and beauty treatments for sale, as well as gift certificates and cosmetic services related to its treatments.
The services offered include: facial and body treatments performed by qualified practitioners; individual or duo relaxation massages (non-therapeutic); themed treatment rituals combining beauty treatments, manual techniques, and sensory experiences; complementary beauty treatments such as scrubs, wraps, waxing, or manicures and pedicures.
Some treatments can be booked in advance online or on site, subject to availability. Treatments are by appointment only, according to the opening hours displayed at reception and on the Sky Spa website.
Towel service is included with certain treatments (as indicated at the time of booking).
Please note that the treatments offered are not medical or therapeutic in nature and are intended solely for relaxation and well-being.
Terms and conditions of purchase
An ORDER is deemed to have been placed on the WEBSITE and the general terms and conditions of sale and guarantees accepted once the PURCHASER has confirmed payment. The data recorded by SKY SPA and the secure payment provider constitutes proof of the nature, content, and date of the ORDER.
The BUYER's click on the ORDER constitutes an electronic signature that has the same value as a handwritten signature. The click constitutes irrevocable and unconditional acceptance of the ORDER by the BUYER and acceptance of the general terms and conditions of sale. The sale will only be considered final after SKY SPA has sent the BUYER confirmation of the ORDER and has received payment in full. SKY SPA recommends that the BUYER keep the information contained in the ORDER confirmation sent by SKY SPA on paper or in electronic form. Notwithstanding the above, SKY SPA reserves the right to cancel any ORDER from a BUYER with whom there is a previous payment dispute or for any other legitimate reason, in particular, the abnormal nature of the ORDER.
Prices
Prices are displayed in Euros, taxes included.
Currency exchange fees for payments in euros are the responsibility of the Customer.
Promotions and discounts are not retroactive or valid after the offer's expiration date.
Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date.
Any changes or the introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.
In case of an obvious pricing error significantly below market value, the Company reserves the right to cancel the booking without penalty.
Payment terms
Reservations for treatments must be paid for in full at the time of booking, whether made online, by phone, or in person. No reservation can be confirmed without prior payment.
Payment for the ORDER is made online on the WEBSITE using a payment card (credit card, Visa, Mastercard). The PURCHASER enters the card number, expiry date, and security code located on the back of the card directly into the fields provided for this purpose. The total amount of the ORDER will be debited from the credit card on the day of the ORDER.
SKY SPA reserves the right to suspend any ORDER processing and delivery in the event of non-payment or refusal of payment authorization by credit card from officially accredited and customary Internet organizations.
SKY SPA reserves the right to refuse or honor an ORDER from a BUYER who has not paid for all or part of a previous ORDER or with whom a payment dispute remains unresolved.
SKY SPA cannot be held liable for any misappropriation or fraudulent use of any means of payment that has not been detected by the verification procedure. The BUYER guarantees SKY SPA that they have the necessary authorizations to use the payment method they have chosen for their ORDER.
Any fraudulent use of the credit card will not be reimbursed by SKY SPA. E
Purchases made by the BUYER are secure. When the BUYER places their ORDER online, they are on SKY SPA's servers. When the BUYER makes payment for their ORDER, they are redirected to the secure servers of SKY SPA's partner.
Gift Vouchers
Sky Spa gift vouchers are valid for one (1) year from the date of purchase indicated on the voucher. After this period of validity, the voucher is permanently expired and can no longer be used or extended.
Gift vouchers are non-transferable, non-exchangeable, and non-refundable, except in the case of exercising the legal right of withdrawal provided for in Article L221-18 of the Consumer Code. They cannot be exchanged for cash, nor can they be converted into credit or cash, even partially.
In the event of loss, theft, or damage to the gift certificate, a duplicate may be issued on an exceptional basis at the purchaser's request, subject to verification by Sky Spa. This duplicate will permanently cancel the original certificate.
Withdrawal and non-compliance
In accordance with the provisions of Article L.121-20 of the French Consumer Code, the PURCHASER has a withdrawal period of fourteen (14) calendar days from the delivery of their ORDER to return the SERVICE(S) and/or GIFT CERTIFICATE(S) delivered for a refund. When the fourteen (14) day period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day. The refund of all sums paid will be made within 14 days at the latest, from the date on which the right of withdrawal is exercised. Beyond this period, the sum due shall automatically bear interest at the legal rate in force.
If the total amount of the returned items causes the initial order amount to fall below the threshold that entitled you to free shipping, the shipping costs will be deducted from your refund.
Returned items must be sent to:
Le SKY – SKY SPA – 806 Route du Col – 73700 MONTVALEZAN LA ROSIERE
in their original packaging and resale condition. Return shipping costs are borne by the PURCHASER.
Cancellations and delays
Any cancellation or change to an appointment must be notified at least 24 hours in advance. After this time, or if the Customer does not show up for the appointment, the fee will be considered due in full and non-refundable.
In the event of a delay on the part of the Client, the duration of the treatment will be reduced accordingly so as not to impact subsequent appointments, without any price reduction or compensation being payable. A delay exceeding 15 minutes may result in the cancellation of the treatment, which will still be charged in full. The time indicated for each treatment includes the time required for the Client to prepare, undress, and get dressed. It is therefore recommended that you arrive at least 10 to 15 minutes before your appointment time in order to fully enjoy the treatment.
Force majeure
The Company shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a force majeure event. For the purposes of these terms and conditions, force majeure shall be understood to mean, in addition to the meaning given to this term by French case law, any event of any nature whatsoever beyond the Company's control.
Neither may the Customer be held liable for failure to fulfil its obligations in the event of an event of force majeure, as defined above.
Each party shall bear the costs arising therefrom.
Partial invalidity
The invalidity of one or more articles of these GTC shall not invalidate the entirety of these GTC. All other provisions herein shall remain applicable and shall remain in full force and effect.
Disputes – Mediation
Any complaint, particularly for non-performance or poor performance of the contract, may be submitted by the Customer to the Company by registered letter with acknowledgment of receipt to the address of the Company's registered office. The Customer is strongly advised to support their complaint with all factual evidence and proof so that, if necessary, compensation can be considered in the event of a finding that the Company has failed to fulfill its obligations.
The Company will make its best efforts to provide a response to the Client within three (3) weeks of receipt of the aforementioned letter.
In the absence of agreement between the Company and the Customer, the latter may resort to a conventional mediation procedure by submitting the dispute between them to the CMAP – Centre de Médiation et d’Arbitrage de Paris (Paris Mediation and Arbitration Center).
To submit your dispute to the mediator, you can (i) fill out the form on the CMAP website: www.cmap.fr under the tab "you are: a consumer" (ii) send your request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to [email protected]. Regardless of the method used to contact the CMAP, your request must contain the following information in order to be processed quickly: Your postal address, email address, and telephone number, as well as the full name and address of SKY SPA, a brief summary of the facts, and proof of previous attempts to resolve the issue with SKY SPA.
Applicable Law – Language
French law applies. The French version prevails over all translations.
The French language will prevail over any other translation in the event of a dispute, litigation or difficulty in interpreting or executing these conditions.
The parties elect domicile at their respective registered offices and/or residences.
The parties shall endeavor to settle amicably any dispute that may arise between them concerning the validity, interpretation, performance, or termination of the contract.
The Customer is also reminded that, in the event of a dispute, he/she may avail himself/herself of a mediation procedure, but may always bring the matter before the competent courts in his/her place of residence.
Right of withdrawal
The Company draws the Customer's attention to the fact that the provision of accommodation services on a specific date or for a specific period does not give rise to a right of withdrawal within the meaning of Article L.121-20-12 of the Consumer Code.
Protection of personal data
When booking tourist accommodation, the Company may, in its capacity as a processor, have access to personal data within the meaning of European Regulation 2016/679 of April 27, 2016 (hereinafter the "GDPR"). The Company may therefore be required to process such data on behalf of the Customer, who is responsible for processing, for the sole purpose of booking tourist accommodation.
The Client is responsible for determining the object and purposes of the processing entrusted to the Company, the nature of the operations carried out on the personal data, the categories of personal data processed, the categories of persons concerned and the duration of the processing. The categories of data processed on behalf of the Customer are surname, first name, address, date of birth, telephone number and e-mail address. Personal data is kept for as long as the Company and the Customer remain in a contractual relationship.
The Company undertakes to:
– process personal data solely for purposes related to booking tourist accommodation;
– process personal data in accordance with the Client's instructions, unless the Company is required to do so under Union law or applicable law. In this case, the Company will inform the Client of this legal obligation prior to processing, unless the law in question prohibits such information on important grounds of public interest;
– immediately inform the Client in writing if the Company considers that an instruction constitutes a violation of the GDPR or any other provision of Union law or Member State law relating to data protection;
– ensure that persons authorized to process personal data under the contract:
undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality;
receive the necessary training in the protection of personal data;
– take into account, with regard to its tools, services, applications, or services, the principles of personal data protection from the design stage and data protection by default.
The Company undertakes to take all the necessary precautions to preserve the confidentiality and security of personal data, and in particular to prevent it from being distorted, damaged or communicated to unauthorised third parties, and more generally to implement the appropriate technical and organisational measures to ensure the protection of personal data in accordance with the regulations in force.
In the event of requests from data subjects, the Company undertakes to notify the Client as soon as possible after becoming aware of such requests and to cooperate reasonably with the Client to enable it to respond to such requests.
The Company undertakes to assist the Customer in carrying out data protection impact assessments and in consulting the competent supervisory authority in advance.
The Company shall notify the Customer of any personal data breach as soon as possible after becoming aware of it. This notification shall be accompanied by any relevant documentation. The Company undertakes to provide reasonable assistance to the Customer in implementing measures to put an end to any personal data breach attributable to it.
The Company undertakes not to transfer any personal data outside the European Union. In the event that the Company is required to transfer personal data outside the European Union, the Customer authorizes the Company, and where applicable subsequent subcontractors, to carry out such transfers, provided that they are subject to appropriate safeguards in accordance with the GDPR, in particular by means of an adequacy decision or the conclusion of standard contractual clauses.
The Company is authorized by the Customer to use subcontractors to carry out specific processing activities. In this case, the Company will inform the Customer in advance and in writing of any planned changes concerning the addition or replacement of other subcontractors. In the event of subcontracting, the Company undertakes to sign a written contract with each subcontractor requiring them to comply with the GDPR and all the obligations referred to in this article, it being specified that in the event of a subcontractor's failure to comply with its obligations regarding the protection of personal data, the Company remains fully liable to the Customer.
The Customer may audit or have audited the internal personal data protection measures implemented by the Company once a year at its own expense, in order to verify the Company's compliance with this article and the GDPR. The Company undertakes to provide the Customer with all the information necessary to demonstrate compliance with its obligations.
Under the terms of their contractual relationship, plus five years, the Company undertakes, at the Customer's discretion, to destroy the personal data or return all of the Customer's personal data in its possession. The return shall be accompanied by the destruction of all existing copies in the Company's information systems, unless Union law or applicable law requires the retention of personal data. Once destroyed, the Company shall provide written proof of the destruction of the personal data.
