These terms govern the sale of the treatments of Tataouine Les Bains, the gift cards bought on this site and the deposits (in French law, arrhes) paid when an appointment is booked. They are accepted at the time of payment. This English text is a courtesy translation; in case of discrepancy, the French version prevails.
[À COMPLÉTER: this text is a draft. It must be read and validated by a legal professional before going live, in particular articles 6, 7 and 10.]
1. The establishment
The treatments are provided by Les Bains Du Huit, SIRET 91382551900014, operating Tataouine Les Bains, 8 quai de la Fontaine, 30000 Nîmes, France. Phone: 04 11 83 29 82. Email: tataouinelesbains30@gmail.com.
2. Treatments and prices
The treatments, their durations and their prices are listed on the price pages of the site, in euros, all taxes included. The price that applies is the one shown when the booking or the purchase is made; a later change of prices does not change an appointment already booked, nor a gift card already issued.
Supplements (targeted massage, shea butter wrap) are added to the price of the treatment they go with. The total is always recomputed by the establishment.
3. Booking
Appointments are booked by phone on 04 11 83 29 82, at the front desk of the establishment or by email at tataouinelesbains30@gmail.com. No slot is booked online. A booking becomes firm once the establishment has confirmed it and, where applicable, once the deposit has been paid.
4. Deposits (arrhes)
For some treatments, the establishment asks for arrhes when the appointment is booked, within the meaning of article 1590 of the French civil code. They amount to 30% of the total price, supplements included.
Payment:
a payment link is sent by email. It must be paid within 24 hours, and at the latest 2 hours before the appointment. After that, the appointment is cancelled and the slot freed; the client is told by email. The arrhes may also be paid at the salon.
Late cancellation or no-show:
if the client cancels less than 48 hours before the appointment, or does not come, the arrhes remain acquired by the establishment, and nothing else is claimed from her.
Cancellation by the establishment:
if the establishment cancels the appointment, it owes the client twice the arrhes paid.
Postponement:
more than 48 hours before the appointment, the sum is kept and carried over to a new appointment, or turned into a credit note, as agreed with the client.
Credit note:
a credit note takes the form of a free-amount card, valid 12 months from its issue, usable on every treatment.
Balance:
what remains is paid at the salon on the day of the treatment.
The sums paid on this basis are arrhes within the meaning of article 1590 of the French civil code: they let either party withdraw under the conditions above, and are not a part payment of the price.
Full payment when booking: the establishment may also offer to pay for the whole treatment online when booking, from the same payment link and within the same time limits. This is then a payment of the price, not arrhes. If the appointment is cancelled less than 48 hours before it, or missed, the sum paid is kept by the establishment. More than 48 hours before, it is kept and carried over to a new appointment, or turned into a credit note, with the client’s agreement. If the establishment cancels the appointment, the sum paid is refunded in full.
5. Gift cards
Validity:
every card is valid 6 months from its issue. The date is printed on the card.
Extension:
the validity may be extended by 2 months for 20 €, online from the "Extend a gift card" page or at the salon. The extension may be renewed.
Use:
a card for a treatment is used once. A free-amount card — from 25 € to 500 € — is used once or several times until its balance runs out; the remaining balance is given at the counter.
Nature:
a gift card is a means of paying for the treatments of the establishment. It is neither refundable nor exchangeable for cash, including an unused balance or an expired card.
Presentation:
the card is to be shown when booking and on the day of the treatment. Its validity rests on its reference and on the register of the establishment, never on holding the printed document alone.
Loss or theft:
the establishment cannot be held responsible for the loss, the theft or the use by a third party of a card handed to its beneficiary. A lost card may be downloaded again from the client area of the buyer.
Appointment paid with a gift card:
it takes no deposit. If the client does not come, or cancels less than 48 hours before the appointment, a rescheduling fee of 20 € is due to book it again, paid online from the link received by email or at the salon. The card stays valid until its date and is used once the fee is paid.
Subscriptions:
subscription formulas are not sold as gift cards; they are taken out at the salon.
6. Online payment
Gift cards, extensions and arrhes are paid through PayPal, with a PayPal account or a bank card. No banking data passes through this site nor is kept by the establishment. A gift card is issued, and arrhes are recorded, only once PayPal has confirmed the payment.
7. Right of withdrawal
Under article L221-28 12° of the French consumer code, the right of withdrawal does not apply to leisure services provided on a given date or period. It therefore does not apply to appointments booked for an agreed date.
[À COMPLÉTER: whether the fourteen-day withdrawal period applies to gift cards bought at a distance, which carry no date of treatment, is to be settled with a legal professional.] As a gesture, the establishment looks into any request made within fourteen days of the purchase of an unused gift card.
8. During the treatment
The client comes to the salon at the agreed time. Being late shortens the treatment without reducing its price. The establishment may refuse a treatment that is contraindicated for health reasons; please tell us about any pregnancy, allergy or skin condition beforehand.
9. Complaints and mediation
Any complaint should be sent to tataouinelesbains30@gmail.com or by post to 8 quai de la Fontaine, 30000 Nîmes. Failing an amicable solution, the consumer may refer the matter free of charge to a consumer mediator: [À COMPLÉTER: name, postal address and website of the mediator the establishment subscribes to]. The European online dispute resolution platform is available at ec.europa.eu/consumers/odr.
10. Personal data
The data collected when booking, buying or joining the loyalty programme are handled as set out in the privacy policy of the site, which states how long they are kept and how to exercise one's rights.
11. Governing law
These terms are governed by French law. In case of a dispute, failing an amicable agreement, the competent court is the one of the place of residence of the consumer or the one of Nîmes, at her choice.