General terms and conditions
**Effective as of 09/15/2023**
**ARTICLE 1 - SCOPE OF APPLICATION**
1.1. These General Terms and Conditions of Sale (referred to as "GTCS") apply without restriction or reservation to all sales concluded by the Seller, Mr. Barthelemy Sérisay, operating the website "limiriavillazanzibar.com," to non-professional buyers ("Clients or the Client") wishing to purchase the products offered for sale ("Products") on the website.
1.2. The Products offered for sale on the website are as follows: Luxury villa rental in Zanzibar, as well as on-site catering services.
1.3. The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website, and the Client is required to acquaint themselves with this information before placing an order.
1.4. The choice and purchase of a Product are the sole responsibility of the Client.
1.5. Product offers are subject to availability, as specified when placing the order.
1.6. These GTCS are accessible at all times on the website and shall prevail over any other documentation.
1.7. The Client declares to have read these GTCS and accepted them by checking the designated box before proceeding with the online ordering process on the website.
1.8. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
1.9. The Seller's contact details are as follows:
- Seller's Name: Mr. Barthelemy Sérisay
- Email Address: limiriavilla@gmail.com
- Phone Number: 0612556532
- Website: [https://limiriavillazanzibar.com](https://limiriavillazanzibar.com)
- Villa located in Nungwi - Zanzibar - Tanzania.
**ARTICLE 2 - PRICES**
2.1. The Products are provided at the prices in effect displayed on the website at the time of the order being placed by the Seller.
2.2. Prices are expressed in Euros, dollars, and Tanzanian shillings, excluding and including taxes.
2.3. The prices take into account any discounts granted by the Seller on the website.
2.4. These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside of the validity period, to change prices at any time.
2.5. Prices do not include processing, shipping, transportation, and delivery fees, which are billed separately, as indicated on the website and calculated prior to placing the order.
2.6. The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
2.7. An invoice is prepared by the Seller and given to the Client upon delivery of the ordered Products.
**ARTICLE 3 - ORDERS**
3.1. It is the responsibility of the Client to select the following terms on the website:
- The Products they wish to order, in accordance with Limiria Villa's Booking Conditions.
**Limiria Villa's Booking Conditions:**
**1. Reservation and Adding to Cart**
- Begin by selecting your desired stay dates and adding them to your cart.
- You have the option to add meals, snacks, or drinks to your cart, which you can review before proceeding with your order.
**2. Verification and Validation**
- Before finalizing your reservation, please carefully review the details in your cart, including dates, dining options, and the total amount.
- Once you are satisfied with your selection, you can confirm your order.
**3. Payment by Bank Transfer**
- After confirming your order, you will receive a confirmation email containing the details of your reservation and banking information for making the transfer.
- You must make the payment within 72 hours of receiving the confirmation email.
- Upon receipt of payment, we will send you a final booking confirmation.
3.2. The sale will only be considered valid upon full payment of the price. It is the Client's responsibility to verify the accuracy of the order and report any errors immediately.
3.3. Any order placed on the website constitutes the formation of a distance contract between the Client and the Seller.
3.4. The Client will receive an order confirmation email, including a summary of the ordered Products, the total price including taxes, as well as information regarding the villa reservation.
3.5. The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute over the payment of a previous order.
**ARTICLE 4 - PAYMENT CONDITIONS**
4.1. The price is payable in full on the day of the order being placed by the Client, by secure payment method, as follows:
- Payment by bank transfer, in accordance with the information provided during the order.
**ARTICLE 5 - PRODUCT DELIVERY**
5.1. The Products ordered by the Client will be delivered in Tanzania to the address provided by the Client during the order.
5.2. Delivery times
are indicated on the website in the "Limiria Villa Booking Conditions" section.
5.3. In case of delivery delay, the Client has the option to cancel their order under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller will then proceed with the refund of the product and the "outbound" fees under the conditions of Article L 138-3 of the Consumer Code.
5.4. The Seller will make every effort to deliver the Products ordered by the Client within the specified timeframes. However, these timeframes are given for information purposes only, and any potential overrun shall not give rise to any damages, retention, or cancellation of the order by the Client.
5.5. In the event of the Client's special request regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to a separate additional invoice, as previously agreed upon in writing by the Client.
5.6. Delivery is deemed to be completed upon the transfer of the Products ordered by the Seller to the carrier responsible for delivering them to the Client.
**ARTICLE 6 - TRANSFER OF OWNERSHIP AND RISKS**
6.1. The transfer of ownership of the Seller's Products to the Client will only occur after full payment of the price by the latter, regardless of the delivery date of these Products.
6.2. Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and damage relating to them will only take place upon delivery of the Products by the Seller to the carrier.
**ARTICLE 7 - RIGHT OF WITHDRAWAL**
7.1. In accordance with the current legal provisions, the Client has a period of fourteen days from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the Client's notification to the Seller of their decision to withdraw.
7.2. Returns must be made in their original and complete condition (packaging, accessories, instructions) to allow their resale as new items, accompanied by the purchase invoice.
7.3. Return costs are the responsibility of the Client.
7.4. The exchange (subject to availability) or refund will be made within fourteen days of receipt, by the Seller, of the returned products by the Client in accordance with the conditions set out in this article.
**ARTICLE 8 - SELLER'S LIABILITY - WARRANTY**
8.1. The Seller guarantees the conformity of the products sold on the "limiriavillazanzibar.com" website with the specifications required by law and specified on the website.
8.2. The Client has a period of two years from the delivery of the product to exercise the legal conformity warranty.
8.3. In the event of non-compliance of a product sold, it may be returned to the Seller, who will take it back, exchange it, or refund it.
8.4. All claims, requests for exchange, or refund must be made by post to the following address: [Seller's address], within thirty days of delivery.
8.5. The Seller reminds the consumer:
- Has a period of 2 years from the delivery of the goods to act against their seller.
- Can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code.
- Is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
- The legal conformity warranty applies independently of any commercial warranty that may be granted.
8.6. The consumer may decide to invoke the warranty against hidden defects in the sold item as provided for in Article 1641 of the Civil Code and, in this case, may choose between cancelling the sale or a price reduction in accordance with Article 1644 of the Civil Code.
**ARTICLE 9 - DATA PROTECTION**
9.1. Personal information is necessary for order management and commercial relations.
9.2. In accordance with the law relating to computers, files, and freedoms of January 6, 1978, personal information relating to buyers may be subject to automated processing.
9.3. Users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
9.4. The automated processing of information, including the management of email addresses of website users, has been the subject of a declaration to the CNIL on [date of CNIL declaration].
9.5. The Seller undertakes not to disclose, for free or in return, the contact details of its clients to a third party.
**ARTICLE 10 - INTELLECTUAL PROPERTY**
10.1. All elements of the "limiriavillazanzibar.com" website are and remain the intellectual property and exclusive property of the Seller.
10.2. No one is authorized to reproduce, exploit, redistribute, or use, in any capacity, even partially, elements of the website, whether they are software, visual, or auditory. Any simple or hypertext link is strictly prohibited without express written consent from the Seller.
**ARTICLE 11 - LIABILITY**
11.1. The products offered comply with French legislation in effect. The Seller's liability shall not be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is the responsibility of the Client to check with local authorities regarding the possibilities of importing or using the products they intend to order.
11.2. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the Seller's liability shall not be engaged in case of an error in one of these photographs or texts.
11.3. The Seller shall not be held liable for the non-performance of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or strike, total or partial, particularly postal services and means of transport and/or communication, flood, fire.
11.4. The Seller shall not incur any liability for indirect damages arising from these, loss of business, loss of profit, loss of opportunity, damages, or expenses.
**ARTICLE 12 - APPLICABLE LAW - LANGUAGE**
12.1. This contract is subject to French law.
12.2. These terms of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
**ARTICLE 13 - DISPUTES**
13.1. All disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, consequences, and consequences, shall be submitted to the competent courts under common law conditions.
13.2. The Client is informed that they can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, the references of which are available on the limiriavillazanzibar.com website.
Dated 09/15/23
**ARTICLE 1 - SCOPE OF APPLICATION**
1.1. These General Terms and Conditions of Sale (referred to as "GTCS") apply without restriction or reservation to all sales concluded by the Seller, Mr. Barthelemy Sérisay, operating the website "limiriavillazanzibar.com," to non-professional buyers ("Clients or the Client") wishing to purchase the products offered for sale ("Products") on the website.
1.2. The Products offered for sale on the website are as follows: Luxury villa rental in Zanzibar, as well as on-site catering services.
1.3. The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website, and the Client is required to acquaint themselves with this information before placing an order.
1.4. The choice and purchase of a Product are the sole responsibility of the Client.
1.5. Product offers are subject to availability, as specified when placing the order.
1.6. These GTCS are accessible at all times on the website and shall prevail over any other documentation.
1.7. The Client declares to have read these GTCS and accepted them by checking the designated box before proceeding with the online ordering process on the website.
1.8. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
1.9. The Seller's contact details are as follows:
- Seller's Name: Mr. Barthelemy Sérisay
- Email Address: limiriavilla@gmail.com
- Phone Number: 0612556532
- Website: [https://limiriavillazanzibar.com](https://limiriavillazanzibar.com)
- Villa located in Nungwi - Zanzibar - Tanzania.
**ARTICLE 2 - PRICES**
2.1. The Products are provided at the prices in effect displayed on the website at the time of the order being placed by the Seller.
2.2. Prices are expressed in Euros, dollars, and Tanzanian shillings, excluding and including taxes.
2.3. The prices take into account any discounts granted by the Seller on the website.
2.4. These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside of the validity period, to change prices at any time.
2.5. Prices do not include processing, shipping, transportation, and delivery fees, which are billed separately, as indicated on the website and calculated prior to placing the order.
2.6. The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
2.7. An invoice is prepared by the Seller and given to the Client upon delivery of the ordered Products.
**ARTICLE 3 - ORDERS**
3.1. It is the responsibility of the Client to select the following terms on the website:
- The Products they wish to order, in accordance with Limiria Villa's Booking Conditions.
**Limiria Villa's Booking Conditions:**
**1. Reservation and Adding to Cart**
- Begin by selecting your desired stay dates and adding them to your cart.
- You have the option to add meals, snacks, or drinks to your cart, which you can review before proceeding with your order.
**2. Verification and Validation**
- Before finalizing your reservation, please carefully review the details in your cart, including dates, dining options, and the total amount.
- Once you are satisfied with your selection, you can confirm your order.
**3. Payment by Bank Transfer**
- After confirming your order, you will receive a confirmation email containing the details of your reservation and banking information for making the transfer.
- You must make the payment within 72 hours of receiving the confirmation email.
- Upon receipt of payment, we will send you a final booking confirmation.
3.2. The sale will only be considered valid upon full payment of the price. It is the Client's responsibility to verify the accuracy of the order and report any errors immediately.
3.3. Any order placed on the website constitutes the formation of a distance contract between the Client and the Seller.
3.4. The Client will receive an order confirmation email, including a summary of the ordered Products, the total price including taxes, as well as information regarding the villa reservation.
3.5. The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute over the payment of a previous order.
**ARTICLE 4 - PAYMENT CONDITIONS**
4.1. The price is payable in full on the day of the order being placed by the Client, by secure payment method, as follows:
- Payment by bank transfer, in accordance with the information provided during the order.
**ARTICLE 5 - PRODUCT DELIVERY**
5.1. The Products ordered by the Client will be delivered in Tanzania to the address provided by the Client during the order.
5.2. Delivery times
are indicated on the website in the "Limiria Villa Booking Conditions" section.
5.3. In case of delivery delay, the Client has the option to cancel their order under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller will then proceed with the refund of the product and the "outbound" fees under the conditions of Article L 138-3 of the Consumer Code.
5.4. The Seller will make every effort to deliver the Products ordered by the Client within the specified timeframes. However, these timeframes are given for information purposes only, and any potential overrun shall not give rise to any damages, retention, or cancellation of the order by the Client.
5.5. In the event of the Client's special request regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to a separate additional invoice, as previously agreed upon in writing by the Client.
5.6. Delivery is deemed to be completed upon the transfer of the Products ordered by the Seller to the carrier responsible for delivering them to the Client.
**ARTICLE 6 - TRANSFER OF OWNERSHIP AND RISKS**
6.1. The transfer of ownership of the Seller's Products to the Client will only occur after full payment of the price by the latter, regardless of the delivery date of these Products.
6.2. Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and damage relating to them will only take place upon delivery of the Products by the Seller to the carrier.
**ARTICLE 7 - RIGHT OF WITHDRAWAL**
7.1. In accordance with the current legal provisions, the Client has a period of fourteen days from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the Client's notification to the Seller of their decision to withdraw.
7.2. Returns must be made in their original and complete condition (packaging, accessories, instructions) to allow their resale as new items, accompanied by the purchase invoice.
7.3. Return costs are the responsibility of the Client.
7.4. The exchange (subject to availability) or refund will be made within fourteen days of receipt, by the Seller, of the returned products by the Client in accordance with the conditions set out in this article.
**ARTICLE 8 - SELLER'S LIABILITY - WARRANTY**
8.1. The Seller guarantees the conformity of the products sold on the "limiriavillazanzibar.com" website with the specifications required by law and specified on the website.
8.2. The Client has a period of two years from the delivery of the product to exercise the legal conformity warranty.
8.3. In the event of non-compliance of a product sold, it may be returned to the Seller, who will take it back, exchange it, or refund it.
8.4. All claims, requests for exchange, or refund must be made by post to the following address: [Seller's address], within thirty days of delivery.
8.5. The Seller reminds the consumer:
- Has a period of 2 years from the delivery of the goods to act against their seller.
- Can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code.
- Is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
- The legal conformity warranty applies independently of any commercial warranty that may be granted.
8.6. The consumer may decide to invoke the warranty against hidden defects in the sold item as provided for in Article 1641 of the Civil Code and, in this case, may choose between cancelling the sale or a price reduction in accordance with Article 1644 of the Civil Code.
**ARTICLE 9 - DATA PROTECTION**
9.1. Personal information is necessary for order management and commercial relations.
9.2. In accordance with the law relating to computers, files, and freedoms of January 6, 1978, personal information relating to buyers may be subject to automated processing.
9.3. Users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
9.4. The automated processing of information, including the management of email addresses of website users, has been the subject of a declaration to the CNIL on [date of CNIL declaration].
9.5. The Seller undertakes not to disclose, for free or in return, the contact details of its clients to a third party.
**ARTICLE 10 - INTELLECTUAL PROPERTY**
10.1. All elements of the "limiriavillazanzibar.com" website are and remain the intellectual property and exclusive property of the Seller.
10.2. No one is authorized to reproduce, exploit, redistribute, or use, in any capacity, even partially, elements of the website, whether they are software, visual, or auditory. Any simple or hypertext link is strictly prohibited without express written consent from the Seller.
**ARTICLE 11 - LIABILITY**
11.1. The products offered comply with French legislation in effect. The Seller's liability shall not be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is the responsibility of the Client to check with local authorities regarding the possibilities of importing or using the products they intend to order.
11.2. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the Seller's liability shall not be engaged in case of an error in one of these photographs or texts.
11.3. The Seller shall not be held liable for the non-performance of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or strike, total or partial, particularly postal services and means of transport and/or communication, flood, fire.
11.4. The Seller shall not incur any liability for indirect damages arising from these, loss of business, loss of profit, loss of opportunity, damages, or expenses.
**ARTICLE 12 - APPLICABLE LAW - LANGUAGE**
12.1. This contract is subject to French law.
12.2. These terms of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
**ARTICLE 13 - DISPUTES**
13.1. All disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, consequences, and consequences, shall be submitted to the competent courts under common law conditions.
13.2. The Client is informed that they can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, the references of which are available on the limiriavillazanzibar.com website.
Dated 09/15/23