The Luxsa Spa website is a service of:
the company SARL THAI LAND
located at: 127 Promenade Roger Laroque – Faubourg Blanchot – Nouméa
website URL: https://www.luxsa-spa.nc
email: contact@luxsa-spa.nc
phone: 307.306
The customer declares having read and accepted the General Terms and Conditions of Sale prior to placing the order. Validation of the order therefore constitutes acceptance of the General Terms and Conditions of Sale.
Article 1 – Content and Scope of Application
These General Terms and Conditions of Sale apply as of right to the online sale of gift vouchers.
They apply to the exclusion of all other conditions, including those applicable to internet sales or through other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller.
Any order or immediate purchase implies unreserved acceptance of these General Terms and Conditions of Sale, which prevail over all other conditions, except those expressly accepted by the seller.
The buyer declares having read these General Terms and Conditions of Sale and having accepted them before their immediate purchase or the placement of their order.
Article 2 – Pre-contractual Information
Prior to immediate purchase or placement of the order and conclusion of the contract, these General Terms and Conditions of Sale are communicated to the buyer, who acknowledges having received them.
The following information is transmitted to the buyer in a clear and comprehensible manner:
the essential characteristics of the service;
the price of the service or the method of calculating the price and, where applicable, all additional transport, delivery, or postage costs and all other possible charges.
the date or timeframe within which the service provider undertakes to perform the service, regardless of its price, and any other contractual condition;
information relating to the identity of the service provider, their postal, telephone, and electronic contact details, and their activities,
– the procedures for handling complaints;
the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the case of an open-ended contract.
with regard to digital content, any relevant interoperability of such content with certain hardware or software of which the professional is or should reasonably be aware
The service provider must also communicate to the buyer, or make available to them, the following information:
legal status and form, contact details enabling quick communication and direct contact;
where applicable, the registration number in the trade and companies register or the trades directory;
for activities subject to an authorization regime, the name and address of the issuing authority;
any financial guarantee or professional liability insurance taken out by them, the contact details of the insurer or guarantor, and the geographic coverage of the contract or commitment.
Article 3 – Order
By order, we mean any request for services listed in the seller’s price list, accepted by the seller, accompanied by payment of any deposit specified on the order form.
Any order, to be valid, must be made on the seller’s order forms, available to customers at their premises.
Any order received by the seller is deemed firm and final.
It entails full and complete acceptance of these General Terms and Conditions of Sale and the obligation to pay for the products ordered.
Article 4 – Quotations
For services requiring a prior quotation, the sale shall only be considered final after the service provider has issued a quotation and sent the buyer confirmation of acceptance of the order.
Quotations issued by the service provider are valid for 1 week.
Article 5 – Performance of Services and Contract Termination
Unless otherwise expressly specified in the particular conditions of sale, the service shall be performed on the reserved day following receipt by the seller of a duly completed order.
In the event of the seller’s failure to fulfill their obligation to perform by the date or expiration of the period specified above, or failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract by registered letter with acknowledgment of receipt or by written notice on another durable medium, if, after having instructed the professional by the same means to provide the service within a reasonable additional period, the latter has not done so within that period.
The contract is considered terminated upon receipt by the professional of the letter or written notice informing them of this termination, unless the professional has performed in the meantime.
Nevertheless, the buyer may immediately terminate the contract when the professional refuses to provide the service or fails to fulfill their obligation to provide the service by the scheduled date, if that date or timeframe constitutes an essential condition of the contract for the buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
The costs and risks related to this operation shall be borne exclusively by the service provider.
Except in cases of force majeure, the deposit paid at the time of order is retained as of right and cannot give rise to any refund.
Article 6 – Exceptions to the Withdrawal Period
The 14-day withdrawal period does not apply to the following situations:
The service is performed (or has begun) before the end of the withdrawal period, with the consumer’s express prior consent and express waiver of their right of withdrawal.
Order Cancellation
In the event of cancellation of the order by the buyer, after acceptance by the seller, for any reason other than force majeure, an amount equal to 100% of the purchase price shall be retained by the seller as damages in compensation for the loss suffered.
Article 7 – Prices
Prices are firm and final. Unless otherwise expressly specified in the particular conditions of sale, the prices of services performed are those listed in the price catalogue on the date of the order.
They are expressed in legal currency and stated inclusive of all taxes.
Article 8 – Payment
Unless otherwise expressly provided by the particular conditions, payment of the price shall be made in full at the time of order. No order shall be processed without full payment by that date.
Unless otherwise stipulated, for any sales or service contract concluded between a professional and a consumer, amounts paid in advance constitute a deposit (arrhes) within the meaning of Article 1590 of the Civil Code.
In this case, either party may withdraw from the agreement: the consumer by forfeiting the deposit, the professional by refunding double the deposit.
Payments made by the buyer shall only be considered final after the sums due have been effectively collected by the service provider.
An invoice will be provided to the buyer upon simple request.
Article 9 – Warranties – General Provisions
9-1 Legal Warranty of Conformity
SARL THAI HARMONY guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal warranty of conformity.
In the event of implementation of the legal warranty of conformity, it is reminded that:
the buyer has a period of 2 years from delivery of the goods to take action;
the buyer may choose between repair or replacement of the goods, subject to cost conditions;
the buyer is not required to prove non-conformity of the goods during the 24 months for new goods (6 months for second-hand goods) following delivery of the goods.
9-2 Legal Warranty Against Hidden Defects
In accordance with Articles 1641 and following of the Civil Code, SARL THAI HARMONY guarantees against hidden defects that may affect the goods sold. It is the buyer’s responsibility to prove that the defects existed at the time of sale and are such as to render the goods unfit for their intended use. This warranty must be exercised within two years of discovery of the defect.
The buyer may choose between rescission of the sale or a reduction in price in accordance with Article 1644 of the Civil Code.
Article 10 – Intellectual Property
All technical documents, products, drawings, and photographs provided to buyers remain the exclusive property of SARL THAI HARMONY, the sole holder of intellectual property rights over these documents, and must be returned upon request.
Buyer customers undertake not to use these documents in any way that may infringe upon the supplier’s industrial or intellectual property rights and undertake not to disclose them to any third party.
Article 11 – Jurisdiction
All disputes arising from purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences, and follow-up, which could not be resolved amicably between the seller and the customer, shall be submitted to the competent courts under ordinary law conditions.
For the determination of jurisdiction, the seller elects domicile at 11 Route du Port Despointes Faubourg Blanchot, Nouméa 98800.
Article 12 – Contract Language
These General Terms and Conditions of Sale are written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 13 – Applicable Law
These General Terms and Conditions are subject to French law. The competent court is the District Court (tribunal d’instance) for disputes involving amounts equal to or less than 1,200,000 XPF, or the High Court (tribunal de grande instance) for disputes involving amounts exceeding 1,200,000 XPF.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer shall first contact the seller to seek an amicable resolution.
Article 14 – Personal Data Protection
Data Collected:
The personal data collected on this website is as follows:
Online Booking and online purchases: during these operations carried out by the user, their last name, first name, email address, phone number, and postal address.
Payment: when paying for products and services offered on the website, it records financial data relating to the user’s bank account or credit card.
Communication: when the website is used to communicate with other members, the data concerning the user’s communications is temporarily retained.
Cookies: cookies are used in connection with the use of the website. The user has the option to disable cookies in their browser settings.
Use of Personal Data
The personal data collected from users is intended for the provision of website services, their improvement, and the maintenance of a secure environment. More specifically, the uses are as follows:
– access to and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the terms of use of Payment Services;
– verification, identification, and authentication of data transmitted by the user;
– offering the user the ability to communicate with other users of the website;
– implementation of user support;
– personalization of services by displaying advertisements based on the user’s browsing history and preferences;
– prevention and detection of fraud, malware (malicious software), and management of security incidents;
– management of potential disputes with users;
– sending commercial and advertising information, based on user preferences.
Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses payment services, for the implementation of these services, the website works with third-party banking and financial companies with which it has entered into contracts;
– when the user publishes information accessible to the public in the open comment areas of the website;
– when the user authorizes a third-party website to access their data;
– when the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to user data, within the scope of performing these services, and have a contractual obligation to use them in compliance with the applicable data protection regulations;
– if required by law, the website may transmit data to follow up on claims made against the website and comply with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, asset sale, or receivership proceedings, it may be required to transfer or share all or part of its assets, including personal data. In such a case, users would be informed before personal data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Exercising User Rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by making their request to the following address: contact@champaka.nc.
· the right of access: they may exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity to verify its accuracy.
· the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
· the right to erasure: users may request the deletion of their personal data, in accordance with applicable data protection laws.
· the right to restriction of processing: users may request that the website restrict the processing of personal data in accordance with the circumstances provided for by the GDPR.
· the right to object to data processing: users may object to their data being processed in accordance with the circumstances provided for by the GDPR.
· the right to data portability: they may request that the website provide them with the personal data they have supplied, in order to transfer it to a new website.
Changes to this Clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.
Appendix:
Withdrawal Form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgment of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal Form
For the attention of:
SARL THAI LAND
located at 127 Promenade Roger Laroque – Faubourg Blanchot – Nouméa 98800
n° de phone: 307.306,
email: contact@luxsa-spa.nc
I hereby notify you of my withdrawal from the service contract, ordered on: ………
First and last name of the consumer: ……………..
Address of the consumer: ……………..
Date: ………………
Signature of the consumer
