1 – PREAMBLE
These General Conditions (hereinafter the General Terms and Conditions) describe the rights and obligations of PARIS BY EMY (hereinafter the Contractor), Individual Contractor, located at 149 rue Oberkampf in Paris (75011) and its Private Client, Association and / or a public or private institution (hereinafter the Client (s)) in the provision of concierge services (hereinafter the Service (s)) and / or accompaniment subscribed via the website: www.parisbyemy.com (hereinafter the Website).
The Services and / or the escort service are exclusively subject to these Terms and Conditions. These prevail over all other conditions of purchase or sale and this without express agreement of the Provider. The Customer acknowledges having read, understood and accepted them without reservation.
The Client is a natural person, an association or a public or private institution. It guarantees that it is fully entitled to subscribe to the offer proposed by the Service Provider, and to use the means of payment necessary for this subscription, in particular the bank card or account number that it uses on the Site, and that it is not a question of means of payment fraudulently used. He also agrees that his account is sufficiently provisioned to cover the payments he makes.
2 – BENEFITS
The Service Provider offers to its Clients concierge services subscribed by vacation packages (s) and / or option (s), and this punctually. The Services are notably part of temporary stays of limited duration. The Service Provider realizes its Services either directly for interventions that do not require special qualifications, or through selected professionals. In this case, the Service Provider intervenes as a mere intermediary in the relationship between the Clients and third-party service providers, without any statutory link with the Service Provider. The Services offered by the Service Provider will necessarily be the subject of an estimate/quote.
As part of its Concierge Services, the Service Provider will be able to make reservations for certain activities and certain types of transportation (e.g. hotel, museum, restaurant, concert, metro, train, car rental, private driver, private guide…) The Service Provider will never take charge of the organization of transportation of customers by plane.
The Provider is not a travel agency, profession regulated by the law 2009-888 of 22/07/2009 (decrees 2009-1650 and 2009-1652 of 23/12/2009 – OJ of 17.06.94) and is therefore not registered in the register of travel agents and other operators of the sale of travel and stays.
The Service Provider has no taxi or VTC activity. It is therefore not subject to Law No. 2014-1104 of 1 October 2014 on taxis and chauffeur-driven cars, and Decree No. 14-1725 of December 30, 2014 on the special public transport of persons.
3 – OBLIGATION OF PRECONTRACTUAL INFORMATION
The Customer acknowledges having communicated, prior to the conclusion of the Present, in a clear and understandable manner, these General Conditions and all information and information referred to in Article L.121-17 of the Consumer Code.
4 – ORDER
4.1: Validation of the order
4.1.1: The order of vacation packages (s) and / or option (s) will be preceded by advice or a study of needs, as well as the issuance of an estimate including the particular conditions of the Order, the essential characteristics of the vacation package (s) and / or Option (s), the price and the deadlines for completion.
To establish a quote, the Provider communicates with the Customer by any means of electronic communication, including email, phone, Skype and / or WhatsApp.
The validated, signed and fully paid estimate is the Client’s firm and final commitment. All the data provided in this document is proof of the transaction.
4.1.2: The Customer subscribing to an online offer on the Site must first have completed and validated an order form on which he will have indicated all his contact details.
The Order process then includes:
- Selection of the proposed vacation package (s) and / or Option (s),
- Validation of the estimate after verification; possibly correction of the content of the offer (identification, vacation package (s) and / or Option (s) selected, corresponding prices, terms and dates of realization),
- Acceptance of these Terms and Conditions
- Online payment by transfer under the conditions provided; All the data provided and the confirmation recorded (quote accepted and invoice paid) will be worth proof of the transaction.
All the data provided and the confirmation recorded (quote accepted and invoice paid) will be worth proof of the transaction.
The Order is concluded and signed for the duration of the vacation package (s) and / or Option (s) subscribed.
The Service Provider will acknowledge receipt of the Order and communicate by email. These emails are sent to the address indicated by the Customer. If a Customer does not receive one of the emails mentioned, it would be recommended to contact the Customer Service Provider.
The Service Provider reserves the right to invalidate a Customer’s Order in the event that it does not comply with these General Conditions, If any of its previous orders was not totally paid, or if several serious and concordant elements caused a suspicion of fraud on the order.
4.2: Modification of the order
Excluding the right of withdrawal, the terms of the orders to the Service Provider are irrevocable for the Customer, unless there is a written acceptance by the Service Provider. In this case, the Customer will not be held to respect the deadlines initially agreed upon.
The payment of the services is carried out entirely with the order. The possible modifications of the Order by the Customer must be notified by the Customer at least 30 days before the date provided for the supply of the Services ordered. If necessary, they will lead to the establishment of a new estimate and a price adjustment.
In case of the unavailability of a Service, the Service Provider undertakes to provide its best efforts to offer Alternative Services. The alternatives proposed by the Service Provider will be resolved upon receipt of a written agreement by the Customer.
In the event that no alternative solution is found or accepted by the Customer within 7 working days, the Service Provider will proceed to the outright cancellation of the Order. No compensation of any kind whatsoever can be brought to the customer by the service provider for this reason.
5 – RATES – PAYMENT
The Customer benefits from the services and prices included in the vacation package (s) and / or the option (s) chosen during the Order.
Prices are quoted in euros including taxes, taking into account the VAT applicable on the day of the order; any change in the VAT rate will be pass on the price of the vacation package (s) and Option (s) proposed by the Service Provider. The Service Provider reserves the right to change its prices at any time, it being understood that the price appearing on the offer validated within the required time will be applicable only to the Order.
5.2. Payment terms
Payment by bank transfer and / or by credit card.
The full payment will be requested from the Customer on the Order.
If the bank refuses the payment of the order, it will be canceled automatically. The Service Provider will then inform the Customer immediately by email.
In the event that some orders generate a deposit for the Service Provider, the said charges will be billed separately deducted to the initial billing. Deposit are not refundable. The balance must be paid 3 months before the beginning of his ordered services/options. If the customer does not pay the balance 3 months before the start of his ordered services/options, they will be canceled altogether.
In the event that some orders generate additional processing fees for the Service Provider, the said charges will be billed separately in addition to the initial billing.
For the performance of its mission, the Service Provider may communicate on behalf of the Customer, directly to certain third-party providers.
6 – OBLIGATIONS OF THE PROVIDER
The Service Provider undertakes to provide the Service (s) in accordance with the terms of its offer in accordance with the best practices of the profession and with a constant concern for the quality of the service.
The Services are the simple advice. The Provider is subject only to an obligation of means. He is therefore not responsible for the consequences arising from the use of his advice by the Client.
Once the Order has been validated, signed and paid in full, the Service Provider will provide the Client a roadmap, “the roadmap” describing precisely its Services. This roadmap offers the customers a precise and sequenced description of the offer; products or services, with tips and practical information.
In the event that the Client is not satisfied by the service performed, a dispute is admissible only if it is notified to the service provider by telephone and confirmed by mail no later than the week following the delivery of the service. Any dispute outside this period will not be taken into consideration.
The success of the Service (s) is based on a collaboration between the Provider and the Client. In particular, to ensure the proper performance of the Services, the Customer must:
(a) communicate in sufficient time the data necessary for the establishment of an estimate/quote by the Service Provider,
(b) inform the Service Provider immediately and in writing of any variation of the conditions of performance or of any failure observed in the performance of the Services.
7 – RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L.121-21 and according to the French Consumer Code, non-professional individuals and placing an “off-premises” order have a period of fourteen (14) days running from the date of receipt for articles ordered to exercise their right of retraction without having to justify any reason, nor to pay penalties, with the exception of the expenses of return which remain to their load.
The refund of the sum already paid by the Customer will be made within 14 days from the receipt, by the Provider of the notification of the withdrawal of the Customer.
However, in accordance with the provisions of Article L.121-21-8 12 ° of the French Consumer Code, the right of withdrawal cannot be exercised for hotel reservation contracts, restaurant reservation, supply of car rentals or private driver, private guide, catering or leisure activities which must be provided on a specific date or period, which is the case of certain Services provided by the Presents.
8 – RESPONSIBILITY
The Customer expressly acknowledges that the Service Provider acts as a mere intermediary and that he is therefore only bound by an obligation of means, that the only Services he performs do not require any particular qualifications and are a matter of support/accompaniment.
It is reminded that the third party providers are solely responsible for the products and / or services they offer, through the Service Provider, to the Customer, who must contact the third party providers concerned directly.
In any case, the Service Provider cannot be held responsible for the non-performance of its obligations in case of force majeure as this concept is defined by the French jurisprudence.
9 – FORCE MAJEURE
The occurrence of a case of force majeure has the effect of suspending the performance of the obligations of the Service Provider.
Is a case of force majeure, any event beyond the control of our company and hindering its normal operation.
These include cases of force majeure, attacks, fires, earthquakes, floods, total or partial strikes… affecting the smooth running of our company or that of one of our suppliers, subcontractors or carriers and the interruption of transport, supply of energy, raw materials or spare parts.
10 – PENAL CLAUSE
These General Conditions for which the Service Provider is likely to engage with third parties, the Customer has the opportunity to terminate at the end of its final validation only for reasons arising from force majeure.
Consequently, if the Customer, for any reasons other than the force majeure, wished nevertheless to break this contract, he (the customer) remains liable as damages, the totality of the sums committed by the Service Provider. The Customer remains liable for the full price of the order.
11 – ARCHIVING
The Service Provider will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the French Civil Code. The Seller’s computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
12 – APPLICABLE LAW – JURISDICTION
Disputes between the Service Provider and the Customer, whatever their nature, do not give the Customer the right to suspend payments.
This contract is governed by French law.
In the event of any difference, the Parties undertake to do everything possible to settle their differences amicably. In case of litigation, jurisdiction is conferred Jurisdiction under the conditions of the New Code of Civil Procedure that will be the only competent whatever the nature, the cause or the place of the litigation, and whatever may be the special conditions of sale, even in the event of a warranty claim or multiple defendants.
This is a translation of French into English made for illustrative purposes only, and does not replace the original. The general conditions even communicated in English concern French laws.