Article 1 : Definitions
Article 2 : Object
Article 3 : Nature of the Services
Section 1 : The Subscriptions
Article 4 : Description of the Subscription Offers
Article 5 : Price
Article 6 : Membership
Article 7 : Exercise of the right of withdrawal by the individual Client
Article 8 : Payment of the Subscriptions
Article 9 : Termination of the Subscription Agreement by the Client
Article 10 : Termination of the Subscription Agreement by THE PARISIAN
Section 2 : The Services Orders
Art. 11 : Description and content of the Services orders
Article 12 : Formalization of an Order
Article 13 : Cancellation of the Services Orders
Article 14 : Delivery of the Services Orders
Article 15 : Payment of the Services Orders
Article 16 : Claim
Article 17 : Performance of the Services Orders by the Third-Party Providers
Section 3 : Final terms
Article 18 : Non-solicitation clause
Article 19 : Non-transferability
Article 20 : Modification of these General Terms and Conditions of Sale
Article 21 : Privacy of personal data
Article 22 : Copyright
Article 23 : Non performance of the Contract and the Services
Article 24 : Liability
Article 25 : Consumer ombudsman
Article 26 : Miscellaneous
Article 27 : Applicable law and competent jurisdiction
• • • • •
« Client(s) »,« You », « His », « Her », « He », « She » refer to the natural or legal person who concludes the Subscription Agreement on his behalf and becomes the beneficiary of the Services offered by THE PARISIAN.
« General Terms and Conditions of Sale »refers to these General Terms and Conditions for the Sale of Services applicable to each sale of subscription and Service.
« Order(s) »or « Service(s) Order(s) »refer to the order of a service sent by a Client to THE PARISIAN and accepted by THE PARISIAN under the conditions stipulated in these General Terms and Conditions of Sale.
«Parties» means jointly THE PARISIAN and the Client, and they are individually referred to as the « Party ».
«Service(s)» or « Service(s) Order(s)» mean the private concierge services sold by THE PARISIAN and accessible by its Clients as part of their Subscription to one or several Subscription offers available on the Website.
« Subscription »,« Subscription Agreement »or « Contract »refer to the membership Contract concluded between the Client and THE PARISIAN when the Client subscribes to one or more Subscription offers. The Subscription Agreement is a Contract giving the Client the right to benefit from all the Services offered by THE PARISIAN for a period and under the conditions defined in this Contract, upon payment of a fixed price collected monthly by THE PARISIAN. The terms and conditions of the Contract are therefore imposed unilaterally by THE PARISIAN to the Client. The latter will have no choice but to accept or refuse the Contract. In the event of acceptance, the Client is presumed to have accepted all the provisions set out in the Contract, including these General Terms and Conditions of Sale (art. 1110 of the French Civil Code).
« THE PARISIAN », « The Company », « We »refer to THE PARISIAN, L’Art De Vivre À La Française, a simplified joint stock company with a capital of 7000,00 €, registered with the Paris Trade and Companies Register (RCS) under the number 853 439 578, whose registered office is located at 66 avenue des Champs-Elysées, 75008 Paris, France, and held by a single person, Mrs Thy-Phuong Vermeersch in her capacity as Founder and President of THE PARISIAN. Mrs. Thy-Phuong Vermeersch is the owner of the registered trademark THE PARISIAN L’Art de Vivre à La Française, and has granted a license to The Company THE PARISIAN, which sells luxury private concierge services and Subscription offers on the Website www.parisianluxury.com
«Third-Party Provider(s)» refers to the external professional that THE PARISIAN may call upon to perform a Client’s service request. In this case, THE PARISIAN is a simple intermediary in the relations between the Client(s) and the Third-Party Provider(s).
« Third-Party Payor »refers to the legal person or the natural person designated by the Client to receive the invoices and to pay all the amounts owed to THE PARISIAN in accordance with the conditions imposed by THE PARISIAN in these General Terms and Conditions of Sale. In the event of the appointment of a Third-Party Payor, the Client remains the sole holder of the rights and obligations with regard to THE PARISIAN.
«Website» refers to the e-commerce website accessible on the Internet at www.parisianluxury.com, which presents and sells the Subscription offers and the private concierge Services of the brand THE PARISIAN, L’Art de Vivre à La Française.
« User(s)» means the natural person who browses the Website and who contacts THE PARISIAN through the contact form in the section « Practical information » of the Website, simply to ask for an information or to subscribe to one or several offers.
• • • • •
2.1 Content and scope
These General Terms and Conditions of Sale apply to relations between THE PARISIAN, represented by Mrs. Thy-Phuong Vermeersch and its individual and professional Clients from France and abroad.
Any Subscription to our offers as well as any Order placed with THE PARISIAN implies the full, complete and unreserved adherence of the Client to these General Terms and Conditions of Sale. The fact that THE PARISIAN does not implement one or the other clause established in its favour in the present conditions, cannot be interpreted as a renouncement of the said clause on its part. These General Terms and Conditions of Sale apply to the exclusion of all other conditions. THE PARISIAN reserves, however, the right to derogate from certain clauses of these Terms and Conditions of Sale in accordance with the negotiations conducted with the Client by establishing specific conditions.
These General Terms and Conditions of Sale will necessarily be accompanied by the membership form duly filled by the Client and accepted by THE PARISIAN. This membership form specifies in particular, for each subscription, the chosen offer, the chosen term, and the terms of payment. The General Terms and Conditions of Sale, the membership form and, if established, the specific conditions constitute the foundation stone of the commercial relationship between the Parties.
2.2 Pre-contractual information
The Client acknowledges that, prior to the conclusion of the Contract, He/She has received notice of these General Terms and Conditions of Sale and of all the information in a clear and comprehensible way, as referred to in Articles L.111-1 and L.221-5 of the French Consumer Code.
2.3 Contact
For any information, question or advice, THE PARISIAN can be contacted :
– By mail to the following address : THE PARISIAN – 66 avenue des Champs-Elysées – 75008 Paris – France ;
– By phone : 06 70 96 85 51, from Monday to Sunday from 8:30 am to 9:00 pm ;
– By email : contact@parisianluxury.com or with the contact form on the Website.
• • • • •
THE PARISIAN offers luxury private concierge services to its private clients and companies coming from France and abroad. Our purpose is to offer them greater freedom of action and to help them to find the time to focus on the essentials in their private and professional life.
The Services are accessible via the subscription to the offers available on the Website. THE PARISIAN provides to its Clients private concierge services either directly for interventions that do not require specific qualifications or any external material and human means, or through professionals hereinafter referred to as “Third-Party Providers”. In the event that THE PARISIAN calls on Third-Party Providers to execute the Client’s request, the Company only acts as an intermediary in the relations between the Client and the Third-Party Providers and is subject only to an obligation of means, not to an obligation of result.
• • • • •
4.1 Information about the Subscription offers and Services
THE PARISIAN presents on its Website www.parisianluxury.com and in the present General Terms and Conditions of Sale, the Subscription offers and the Services sold online in order to enable the Client to know their specific characteristics before signing the Subscription Agreement.
4.2 Subscription offers for private Clients
THE PARISIAN proposes three (3) subscription offers strictly for private Client. Each of them has different service levels :
4.2.1 The ESSENTIAL offer
The “ESSENTIAL” Subscription offer implies a commitment of 12 months or 6 months, depending on the Client’s choice. From the date it is effective, it affords the Clients the right to have unlimited access to all the private concierge services mentioned on the Website, in the section “Services” (non-exhaustive lists). Apart from the services referred to in Article 11.2 expressly excluded from the Services offered by THE PARISIAN, the Client can submit its requests for services to THE PARISIAN without limitation, as long as the performance of the latter is in Paris and Ile-de-France ( outside this area accepted in the event of temporary private or professional travels ). The Client can contact THE PARISIAN by e-mail at any time, and by phone 5 days a week from Monday to Friday from 8.30am to 7.00pm, excluding public holidays. If the Client requests for a service outside the above-mentioned days and hours, an overhead rate shall be applied to the invoice (Art. 15.2).
4.2.2 The PREMIUM offer
The “PREMIUM” Subscription offer implies a commitment of 12 months or 6 months, depending on the Client’s choice. From the date it takes effect, it affords the Clients the right to have unlimited access to all the private concierge services mentioned on the Website, in the section “Services” (non-exhaustive lists). Apart from the services referred to in Article 11.2 expressly excluded from the Services offered by THE PARISIAN, the Client can submit its requests for services to THE PARISIAN without limitation, as long as the performance of the latter is in Paris and Ile-de-France ( outside this area accepted in the event of temporary private or professional travels ). The Client can contact THE PARISIAN by e-mail at any time, and by phone 6 days a week from Monday to Saturday from 8.30am to 9.00pm, excluding public holidays. If the Client requests for a service outside the above-mentioned days and hours, an overhead rate shall be applied to the invoice (Art. 15.2).
4.2.3 The PRIVILEGE offer
The “PRIVILEGE” Subscription offer implies a commitment of 12 months or 6 months, depending on the Client’s choice. From the date it takes effect, it affords the Clients the right to have unlimited access to all the private concierge services mentioned on the Website, in the section “Services” (non-exhaustive lists). Apart from the services referred to in Article 11.2 expressly excluded from the Services offered by THE PARISIAN, the Client can submit its requests for services to THE PARISIAN without limitation, as long as the performance of the latter is in Paris and Ile-de-France ( outside this area accepted in the event of temporary private or professional travels ). The Client can contact THE PARISIAN by e-mail at any time, and by phone 7 days a week from Monday to Sunday from 8.30am to 9.00pm, excluding public holidays. If the Client requests for a service outside the above-mentioned days and hours, an overhead rate shall be applied to the invoice (Art. 15.2).
4.3 Subscription offer for companies
The “CORPORATE” Subscription offer is only for companies and implies a commitment of 12 months. It gives them the possibility to delegate to Us the time-consuming tasks in the context of the organization of corporate events intended for their employees and VIC clients coming from France and abroad.
From the date it is effective, it affords the Clients the right to have unlimited access to all the private concierge services mentioned on the Website, in the section “Services” (non-exhaustive lists). Apart from the services referred to in Article 11.2 expressly excluded from the Services offered by THE PARISIAN, the Client can submit its requests for services to THE PARISIAN without limitation, as long as the performance of the latter is in Paris and Ile-de-France ( outside this area accepted in the event of temporary travels ).
The company can contact THE PARISIAN by e-mail at any time, and by phone 5 days a week from Monday to Friday from 8.30am to 7.00pm, excluding public holidays. If the Client requests for a service outside the above-mentioned days and hours, an overhead rate shall be applied to the invoice (Art. 15.2).
4.4 Offers for non-residents in Paris and in Ile-de-France
We propose three (3) Subscription offers only for non-residents in Paris and in Ile-de-France :
« CHAMPS-ELYSEES » offer for a stay up to 7 days ;
« MONTMARTRE » offer for a stay from 8 to 14 days ;
« VENDÔME » offer for a stay from 15 to 21 days.
When they come to Paris, these 3 offers allow subscribers to benefit from a right of access to a concierge service associated with various bespoke tourist services based on their guidelines. More precisely, from the moment it takes effect, each of these subscription forms affords the Clients the right to benefit from :
Information note about the article. 4.4 :
4.5 Services “à la carte” for all
THE PARISIAN accepts to perform the Services Orders « à la carte » for private and professional Clients. It is a non-binding offer and the Clients are not obliged to subscribe to an offer over six (6) or twelve (12) months.
In addition to the services referred to in Art. 11.2 expressly excluded from the Services offered by THE PARISIAN, the Client may request for any service to THE PARISIAN, as long as the performance of these services is located in Paris and Ile-de-France ( except in the case of temporary private and business travel ).
The Client can contact THE PARISIAN by e-mail at any time, and by phone 7 days a week from Monday to Sunday from 8.30am to 9.00pm, excluding public holidays. If the Client requests for a service outside the above-mentioned days and hours, an overhead rate shall be applied to the invoice ( Art. 15.2 ).
• • • • •
5.1 General terms
The prices mentioned on the Website and in the article 5.2 below are the current prices on the membership date, taxes excluded and denominated in euros. In addition to that, all prices can be changed at any time without notice, but any change will be the subject of information sent by e-mail to the Client (article 5.3). In the event that the Services and offers subscribed to are not used in full or in part, no refund may be required by the Client.
5.2 Price of the Subscription offers
5.2.1 Offers for our private Clients
« ESSENTIAL » offer – 12-month Subscription : 139,00 € / month ( VAT excluded )
« ESSENTIAL » offer – 6-month Subscription : 189,00 € / month ( VAT excluded )
« PREMIUM » offer – 12-month Subscription : 249,00 € / month ( VAT excluded )
« PREMIUM » offer – 6-month Subscription : 329,00 € / month ( VAT excluded )
« PRIVILEGE » offer – 12-month Subscription : 449,00 € / month ( VAT excluded )
« PRIVILEGE » offer – 6-month Subscription : 599,00 € / month ( VAT excluded )
5.2.2 « CORPORATE » offer for companies
If a company wishes to offer its employees the possibility to benefit from the services of THE PARISIAN, the rates are as follows :
-> Up to 5 employees : 1500,00 € VAT excluded / month for twelve (12) months + the current month
-> From 6 to 10 employees : 3000,00 € VAT excluded / month for twelve (12) months + the current month
-> From 11 to 15 employees : 4500 ,00 € VAT excluded / month for twelve (12) months + the current month
-> From 16 to 20 employees : 6000 ,00 € VAT excluded / month for twelve (12) months + the current month
If a company wishes to offer its clients the possibility to benefit from the services of THE PARISIAN, the rates are as follows :
-> Up to 5 clients of the company : 1700,00 € VAT excluded / month for twelve (12) months + the current month
-> From 6 to 10 clients of the company : 3400,00 € VAT excluded / month for twelve (12) months + the current month
-> From 11 to 15 clients of the company : 5100,00 € VAT excluded / month for twelve (12) months + the current month
-> From 16 to 20 clients of the company : 6800,00 € VAT excluded / month for twelve (12) months + the current month
5.2.3 Offers reserved for non-residents in Paris and in Ile-de-France
« CHAMPS-ELYSEES » offer, for a stay up to 7 days : From 289,00 euros ( VAT excluded ) per day and per person.
« MONTMARTRE » offer, for a stay from 8 to 14 days : From 239,00 euros ( VAT excluded ) per day and per person.
« VENDÔME » offer, for a stay from 15 to 21 days : From 189,00 euros ( VAT excluded ) per day and per person.
NB : The prices mentioned on the Website for each Subscription offer afford the Clients only the right to access to the private concierge Services on the days and hours mentioned in each of them. Unless otherwise provided in the Subscription offer, the prices DO NOT include the prices of the products/services ordered from the Third-Party Providers that THE PARISIAN may call on to perform the service requested by the Client. For more details, please read art 17 about the performance of your Orders via Third-Party Providers, as well as the article 15 about the invoicing of services.
5.3 Price of the Services Orders “à la carte”
THE PARISIAN invoices Services Orders “à la carte” as follows :
• 65,00€ taxes excluded, per hour, per Service Order and per person ;
• 220,00€ taxes excluded, per hour, per Service Order and per person ;
• 405,00€ taxes excluded, per hour, per Service Order and per person.
NB :
The prices of the Services Orders “à la carte” don’t include the advanced amounts of the products/services ordered from the Third Party Service Providers to which THE PARISIAN may call for the performance of the service requested by the Customer. These amounts are included in the final invoice.
For certain Services Orders, instead of or in addition to the aforementioned rates, THE PARISIAN may decide to apply a commission percentage for management fees on the price of products/services ordered from Third Party Service Providers. If this is the case, THE PARISIAN will notify the Client in advance.
As part of the management fee charged for each Service Order, please note that the hourly, daily, weekly fees and the commission rates are lower for Clients who have a six-month or a twelve-month subscription.
5.4 Tariff changes
5.4.1 Price increase
Any rate increase may apply to Clients only after their current Subscription Contract, in other words after its tacit renewal. The rate increase will be posted on the Website and, to be applicable to the renewed Contract, it will be the subject of personalized information by email at least two (2) months before the renewal date. Thus, the Client can request, if applicable, the termination of its Subscription before undergoing such tariff increase ( terms about the termination of the Subscription Agreement by the Client in the article 9). If the Client does not terminate its Subscription Agreement within the deadlines imposed by THE PARISIAN, the price of the renewed Subscription will be increased to match the new price.
5.4.2 Rate decrease
Any rate decrease may apply to Clients only after their current Subscription Contract, in other words after its tacit renewal. The rate decrease will be posted on the Website and, to be applicable to the renewed Contract, it will be the subject of personalized information by email at least one (1) month before the renewal date. If the Client does not terminate its Subscription Agreement within the deadlines imposed by THE PARISIAN, the price of the renewed Subscription Contract will be decreased to match the new price.
• • • • •
6.1 Contact form
The Prospect can subscribe to one or more offers by contacting THE PARISIAN by phone at (+33)06 70 96 85 51 or through our contact form on the Website.
The Prospect is asked to fill out a form by entering the following information : Civility, surname, first name, country, email address, telephone number, subject of the message and content of the message. This information allows THE PARISIAN to contact/respond to the Prospect’s request only.
As regards the country we require, this Data will first be attached to the Client’s first and last name for the duration of the contract and for the purposes of its execution. Then we will keep that Data beyond that contract to assess the geographic scope of our offers, and in this particular case, that information will be anonymized.
6.2 Telephone exchange
A telephone exchange will take place within forty-eight (48) hours of the contact of the Prospect. This exchange will enable Us to better understand the Prospect, its needs and to answer all His/Her questions. Under no circumstances this telephone exchange will have value of contractual commitment from a legal point of view, neither from the Prospect towards THE PARISIAN nor THE PARISIAN towards the Prospect.
6.3 Settlement of the Membership form
At the end of the telephone exchange, if the Prospect expresses its willingness to subscribe to one or more Subscription offers, We send the membership form to be filled and signed (one form per Beneficiary Client) to the e-mail address provided by the Client.
6.4 Acceptance conditions of your application for Membership
The application for THE PARISIAN services will only be validated if all the following information and documents requested by THE PARISIAN are provided :
1) If the Client is an individual and the beneficiary of the Subscription « ESSENTIEL », « PREMIUM » ou « PRIVILÈGE » :
2) If the beneficiary of the Subscription « ESSENTIEL », « PREMIUM » or « PRIVILÈGE » does not hold the bank account with which all payments to THE PARISIAN will be made :
3) If the beneficiary of the Subscription is a professional or a company having subscribed to the “CORPORATE” offer :
4) If the Client subscribed to the “CHAMPS-ÉLYSÉES”, “MONTMARTRE” or “VENDÔME” offer :
THE PARISIAN may request any other document it deems necessary in addition. Any missing information or documentation is likely to delay the validation of your membership. If the above conditions are not met despite several reminders from THE PARISIAN, the Client’s membership request will be automatically cancelled and the Client will be notified by email.
6.5 Acknowledgement of receipt and when the Contract comes into effect
Upon receipt of the membership form duly filled and signed by the Client, accompanied by all the required documents mentioned in the article 6.4, We send within 48 hours an acknowledgement of receipt by email in which we notify the Client of the acceptance of its membership accompanied, if necessary, of the withdrawal form.
The Subscription Agreement shall be considered as concluded on the date of this notification.
The access to the private concierge services shall come into effect for the individual Clients on the expiry of the withdrawal period (art.7). For professional Clients, it comes into effect on the date of receipt of the notification.
6.6 Transparency and authenticity of the information given to THE PARISIAN
The Subscription to an offer and the membership is strictly personal and not transferable. Each Client is responsible for its subscription to one or more offer and must take all necessary measures to ensure that no one else than himself / herself uses it on His/Her behalf.
At the time of subscription, the Client undertakes to provide THE PARISIAN with accurate information and, as appropriate, the requested valid supporting documents. THE PARISIAN is not in any circumstances responsible for the consequences of any erroneous or misleading information communicated by the Client. The latter must immediately notify THE PARISIAN, by sending an email to contact@parisianluxury.com, of any modification or changes affecting the personal and banking data transmitted at the time of subscription, under penalty of undemurrability of the amendment or change not regularly notified.
Furthermore, We remind that the future holder of the Subscription Contract must have the legal capacity to enter into contracts and must not be subject to guardianship or curatorship. Non-emancipated minors are only allowed to contract through their legal representative (parent or guardian). If a non-emancipated minor enters into one or more Contracts with THE PARISIAN without the signature of the legal representatives, and that THE PARISIAN is unaware of His/Her minority and His/Her incapacity to enter into contracts because of the erroneous or misleading information transmitted to Us before the conclusion of the Subscription Agreement, it is the invalidity of the signed contracts that can be invoked only by the minor or his parents.
• • • • •
7.1 What is the right of withdrawal ?
In accordance with articles L.221-18 et seq. of the French Consumer Code, the Individual Client having subscribed to an offer presented on the Website, has a period of fourteen (14) clear days from the date of the conclusion of the Subscription Agreement, to exercise his right of withdrawal without having to justify reasons or pay penalties. When the 14-day period expires on a Saturday, a Sunday, a non-working day or a public holiday, it shall be extended until the following first working day.
7.2 The required specific steps to take
The Client must send its decision to withdraw to THE PARISIAN by means of a statement free of any ambiguities before the withdrawal period has expired :
7.3 Refund
The exercise of the right of withdrawal leads to a refund of the amount of the Subscription, which corresponds to the totality of the sums paid by the Client to THE PARISIAN. The refund shall be made by the same means of payment You used to pay for the Subscription within fourteen (14) days from the date of withdrawal.
However, if the Client has expressly requested that the performance of the service begins before the end of the withdrawal period, he must pay Us an amount corresponding to the service provided until the communication of his decision to withdraw ; this amount is proportionate to the total price of the service agreed in the contract (art.L.221-25 of the French Consumer Code).
NB : The right of withdrawal is not applicable to any companies and other professional Clients.
• • • • •
8.1 Payment of the Subscriptions by a Third-Party Payor
The payment of the price of the Subscription can be made not by the Beneficiary Client himself / herself, but by another person. In other words, the Client has the possibility to mandate a Third-Party Payor, who must be an adult or emancipated minor, to pay on His/Her behalf the sums owed to THE PARISIAN under the Subscription Agreement. This appointment does not, however, relieve the Client of His/Her obligation to pay in the event of default of the Third-Party Payor. In addition, the same Third-Party Payor may assume responsibility for the payment of several Subscriptions, and shall stand guarantor for the compliance with these General Terms and Conditions of Sale by the beneficiary Client(s).
8.2 Payment methods and invoicing cycles
The bank transfer is the only method of payment accepted by THE PARISIAN for all services ordered and in the case of subscription to “ESSENTIEL”, “PREMIUM”, “PRIVILEGE” or “CORPORATE” offers. For private and professional Clients who have subscribed to the “CHAMPS-ÉLYSÉES”, “MONTMARTRE” or “VENDÔME” offer, special conditions have been settled in article 8.2.3.
8.2.1 For private Clients having subscribed to the “ESSENTIEL”, “PREMIUM” or “PRIVILEGE” offer
The total amount of the “ESSENTIAL”, “PREMIUM” or “PRIVILEGE” Subscriptions shall each correspond to the twelve (12) monthly instalments at the rate in force in the case of a twelve (12) month Subscription, and to the six (6) months monthly payments at the rate in force in the case of a six-month Subscription, plus the amount of the month in which the Subscription Agreement was concluded between the Parties.
-> Payment in several instalments
If the Client chooses to pay the Subscription by monthly installments, the first bank transfer of an amount corresponding to four (4) monthly installments must be made upon application. This first bank transfer is one of the conditions for the validation of the Subscription Agreement by THE PARISIAN as specified in the Art. 6.4 and 6.5.
For the following months, the Subscription must be paid by bank transfer between the 1st and 5th of each month. Each transfer will correspond to 1/12th of the Subscription price if the Client has chosen a twelve-month Subscription ; to 1/6th of the Subscription price if the Client has chosen a six-month Subscription.
-> Full payment in one instalment
If the Client wants to pay the Subscription offer in one instalment by bank transfer, the Contract will come into effect only upon receipt of the entire amount of the Subscription as specified in the Art. 6.4 and 6.5.
8.2.2 For professional Clients having subscribed to the “CORPORATE” offer
The “CORPORATE” offer is an annual Subscription open only to professionals. The total amount of the “CORPORATE” offer corresponds to the twelve (12) monthly instalments at the rate in force, plus the amount of the month in which the Subscription Agreement was concluded between the Parties. The Contract will come into effect only upon receipt of the entire amount of the annual Subscription by bank transfer as specified in the Art. 6.4 and 6.5.
The total amount owed to THE PARISIAN corresponds to the 12 monthly instalments according to the current tariff, plus the amount corresponding to the month in which the Subscription Agreement was concluded between the Parties.
8.2.3 For the Clients having subscribed to the “CHAMPS-ÉLYSÉES”, “MONTMARTRE” or “VENDÔME” offers
After acceptance of the estimate, THE PARISIAN requires the payment of the total amount taxes included by bank transfer. The estimate mentions :
-> The program of activities made by THE PARISIAN for the Client for His/Her desired period ;
-> All scheduled and pre-booked services and activities ;
-> The security deposit equivalent to 50% of the amount of the program of activities, of all scheduled and pre-booked services and activities ( all taxes included ).
After that the Client accepts the estimate and that the contractual relationship between THE PARISIAN and the Client starts, there may be additional service requests on site, in France or elsewhere, which have not been foreseen or included in the initial estimate set up by THE PARISIAN. In this case, these additional services will be subject to additional billing and the corresponding invoices will have to be paid integrally by bank transfer. It is only when THE PARISIAN receives proof of bank transfer that THE PARISIAN executes the requested service.
Regarding the security deposit requested by THE PARISIAN at the time of the acceptance of the estimate, the Client shall be refunded if He/She has paid all the amounts corresponding to the additional services requested during His/Her stay.
NB :
Regardless of the Subscription offer and regardless of the service requested by the Client, the latter may request to pay the amounts due in cash. However, THE PARISIAN is free to decide whether or not to grant the Client the right to use this method of payment. In case of acceptance, a hand-delivery to THE PARISIAN is required.
If paying in cash, THE PARISIAN is not obliged to accept more than 50 coins in a single payment. It is up to the Client to make the top-up (Article L. 112-5 of the French Monetary and Financial Code) : For instance, a 20,00€ demanding payment with a 500,00€ note can therefore be refused.
The French law stipulates in Art. 3 of Decree No. 2013-417 of 21 May 2013 prohibits the sending of cash (banknotes or coins) by mail.
Finally, Decree No. 2015-741 of 24 June 2015 fixes the maximum amount of cash that THE PARISIAN can receive :
– €1,000 when the Client has his tax domicile in France or acts for the needs of a professional activity ;
– €15,000 in other cases (tax domicile abroad).
8.3 Payment problem issued by the Client
The Client or the Third-Party Payor must ensure the possibility of making bank transfers with the account concerned. The Client or the Third-Party Payor also warrant THE PARISIAN that He/She has all the authorizations required to use the chosen payment method and a sufficient balance on His/Her bank account when the Subscription Agreement is signed.
If any payment fails due to insufficient balance on the bank account or for any other reason preventing THE PARISIAN from obtaining the amounts owed to Us, We reserve the right to suspend the Client’s access to Our services and refuse any Service Order until He/She regularizes the situation and His/Her account with His/Her bank.
If the Client or the Third-Party Payor wishes to change the bank institution or to change the account that is used to pay THE PARISIAN, The Company must be informed as early as possible. Once the banking situation is regularised, the Client or the Third-Party Payor must provide THE PARISIAN with the new Bank Identity Statement and pay the amounts owed to The Company as quick as possible.
If the Client or the Third-Party Payor stops the bank transfers without regularization during the month and before the next requested bank transfer period ( from the 1st to the 5th of each month ), THE PARISIAN terminates automatically the Subscription Agreement under the terms and conditions stipulated in Article 10.
By regularizing your bank account prior to the next requested bank transfer period and/or by notifying THE PARISIAN of any changes to your bank account, You are charged for any amount not paid to THE PARISIAN.
• • • • •
9.1 Tacit renewal of the Subscription
All Subscriptions offers proposed by THE PARISIAN are fixed-term Subscriptions renewable by tacit agreement, excepted the Subscription offers reserved only for non-residents in Paris and Ile-de-France ( « CHAMPS-ELYSEES », « MONTMARTRE » et « VENDÔME »).
The Client has the option of not renewing the Subscription at its expiry date, provided that THE PARISIAN is notified at least one (1) month before its expiry date by registered letter with an acknowledgement of receipt. If the Client does not operate that way, the Subscription Agreement will continue automatically by tacit renewal for the same subscribed period.
THE PARISIAN will send an email to the Client reminding Him/Her that He/She has the option to terminate the Contract before the expiry date and We give Him/Her the deadline. This email is sent to the Client between 30 and 60 calendar days before the deadline upon which He/She can request the termination.
The Client may interrupt the current Subscription provided that :
-> He/She notifies THE PARISIAN at least one (1) month before its termination date by registered letter with an acknowledgement of receipt ;
-> He/She pays all invoices and other amounts due for the Services Orders already performed, in addition to an allowance equal to three (3) monthly payments corresponding to the Client’s current Subscription.
9.2 Termination of the contract with a legitimate reason
If less than one (1) month before its expiry date the Client still does not wish to continue the Subscription, or if He/She still does not wish that the Subscription is automatically renewed, the request for termination must be made for a legitimate reason only (moving abroad, long-term hospitalization, death, unemployment, over-indebtedness, incarceration, non-performance of obligations by THE PARISIAN, etc.). This express request must be made by registered letter with an acknowledgement of receipt, stating the legitimate reason(s) and providing all necessary supporting documents.
-> If accepted by THE PARISIAN
In the event of acceptance of this termination for legitimate reason, the Client will be notified and this situation results in :
– The end of the Subscription Agreement 5 days after the date of receipt of the request for termination ;
– No cancellation fees ;
– The refund of the overpayment by THE PARISIAN by the same means of payment used by the Client. This overpayment is calculated on a prorata temporisbasis and will be returned to the Client within fourteen (14) days from the end date of the Contract.
-> If refused by THE PARISIAN
THE PARISIAN may, however, refuse the Client’s request for termination for legitimate reason because of :
– Or a lack of sufficient evidence ;
– Or after finding erroneous/falsified data on the supporting documents ;
– Or if all invoices and/or monthly payments related to the Subscription Agreement have not yet been paid on the date of receipt of the termination request.
In the event of a refusal, the Client will be notified and this situation results in :
– Pursuing the Subscription ;
– The tacit renewal of the Subscription for the same duration ;
– The total amount of the Subscription remains owed to THE PARISIAN. Or THE PARISIAN will demand to the Client or the Third-Party Payor the continuation of bank transfers for the remaining monthly payments, or THE PARISIAN keeps the initial payment made in full and in one instalment by the Client or by the Third-Party Payor.
Any interruption in the payment of the Subscription or any banking action carried out by the Client and/or the Third-Party Payor to harm THE PARISIAN in any way will allow THE PARISIAN to initiate any legal proceedings to recover all amounts owed to The Company.
• • • • •
10.1 Prior letter of formal notice and termination of the Contract
A letter of formal notice is sent by registered letter with an acknowledgement of receipt, in the event of non-performance by the Client of the obligations incumbent upon Him/Her by these General Terms and Conditions of Sale, and in particular ( this following list is not exhaustive ) :
THE PARISIAN grants the offending Client a period of seven (7) calendar days to pay all invoices and late penalties from the date of receipt of this letter of formal notice. If payment is not made in due time, THE PARISIAN will automatically proceed to the unilateral termination and immediate effect of the Subscription Agreement and the contractual relationship, and will inform the offending Client of its decision by registered letter with an acknowledgement of receipt.
10.2 Penalties applied to the Client
If THE PARISIAN terminates the Subscription Agreement, the Client will be liable to pay :
To pay all of the above amounts, THE PARISIAN grants the offending Client a period of two (2) calendar days from the date of receipt of this letter announcing the unilateral termination of the contract. Payment must be made by bank transfer using the bank details mentioned in the letter.
In the event of non-compliance with deadlines and difficulties in recovering the amounts mentioned in the letter of formal notice and/or in the letter announcing the unilateral termination of the contract, THE PARISIAN will take the necessary steps with the competent courts to obtain a compensation and all amounts due.
10.3 New request for Membership and Subscription to the offers and Services
THE PARISIAN reserves the right to suspend any new membership and subscription request to a Client and/or a Third-Party Payor (as applicable) whose Subscription Agreement has already been terminated under the terms and conditions specified in Articles 10.1 and 10.2, until the situation of the Client and/or Third-Party Payor is regularized. After reviewing the application, THE PARISIAN also reserves the right to refuse membership and subscription of applicants who do not present all guarantees based on the principle of due diligence or who may present default risk.
• • • • •
11.1 Services Orders
THE PARISIAN is committed to responding to the requests sent by the Client in the shortest possible time, whatever they may be, and to provide advice in relation to them. To place a Service Order, please contact The Company :
– By phone : (+33) 06 70 96 85 51
– By email : contact@parisianluxury.com
– On our Website www.parisianluxury.com via the contact form.
As part of the processing of service requests sent by the Client, We remind You that THE PARISIAN only acts as an intermediary between the Client and the Third-Party Providers.
11.2 Services orders not covered by THE PARISIAN
The Services Orders not covered by THE PARISIAN are the following ones :
The Clients who make requests for services that would not be listed on our Website will be subject to an in-depth examination in terms of feasibility. To ensure quality service, THE PARISIAN reserves the right to refuse to perform the service requested by the Client if it requires material, human, legal and financial means outside its capacities for action.
11.3 Clauses in relation to some special Services
11.3.1 Purchases in shops
At the Client’s request, THE PARISIAN may make purchases on its behalf within the physical shops.
NB : Even if it is through THE PARISIAN, we remind you that for any purchase in a physical store, THE PARISIAN must comply with the shop’s General terms and conditions of sale. The same is applicable to the Client since He/She is the recipient of the items purchased on his behalf. If the Client has a problem with the purchase, THE PARISIAN will only be able to act according to the shop’s General terms and conditions of sale.
11.3.2 Purchases online and deliveries
At the Client’s request, THE PARISIAN may make purchases on its behalf on the internet. Before the performance of the service has begun, the Client must indicate precisely to THE PARISIAN the items to be purchased, the desired delivery and payment method.
NB :
When the Client has to withdraw its parcel Himself / Herself, due to an absence at the time of delivery or due to the delivery method chosen during the online purchase process, the Client cannot in any case ask THE PARISIAN to do so in His/Her stead, given that the Client’s name is indicated on the package as consignee.
When the Client do not withdraw its parcel Himself / Herself within the deadlines imposed, the parcel is returned to the sender. In this case, THE PARISIAN will not be held liable under any circumstances and it will not result in a refund of the service requested by the Client and performed by THE PARISIAN, nor to any damages and interest.
Even if it is through THE PARISIAN, we remind you that for any purchase in a physical store, THE PARISIAN must comply with the shop’s General terms and conditions of sale. The same is applicable to the Client since He/She is the recipient of the items purchased on his behalf. If the Client has a problem with the purchase, THE PARISIAN will only be able to act according to the shop’s General terms and conditions of sale.
11.3.3 Tickets, shows and complementary services included
THE PARISIAN is committed to implementing all the means required to satisfy the Member’s ticket requests for all events with its Third-Party Providers. In the case where the event is sold out with traditional ticket outlets, THE PARISIAN may call upon specialist suppliers. Consequently, the prices offered may change at any time and may differ from the face value stated on the tickets, owing to the additional cost of agency, handling and/or administration fees. Any confirmed reservation request is firm and final. Consequently, reserved seats cannot be cancelled, postponed, modified, exchanged, or reimbursed. The Client is required to check the date and time of the show or event, since the producer or organizer may change them without warning. THE PARISIAN is not liable for tickets that are lost or sent to the wrong place by the postal service. Likewise, THE PARISIAN cannot, under any circumstances, be held liable for the cancellation or postponement of a show or event. In the event of cancellation or postponement by the artist, producer or organizer, whatever the circumstances, THE PARISIAN cannot be required to pay back the face value of the tickets, subject to reimbursement being obtained from the producer or organizer.
11.3.4 Taxi and private driver
If the Client misses the appointment scheduled at the time of the Service Order, and more generally, if the taxi do not charge the Client because of the Client, the latter is obliged to reimburse the taxi fares incurred by THE PARISIAN in addition to the amount of the Service provided by THE PARISIAN.
11.3.5 Research service orders
All research services ordered by the Client are charged. After having accepted the quote, He/She has to pay the invoice of deposit and the invoice balance, even if He/She decides not to book a place, a restaurant, or not to make a purchase at the end of the service.
• • • • •
12.1 Estimate and acceptation of the Order
Any request for services is subject to a prior estimate submitted by THE PARISIAN to the Client for approval, and if it is accepted, the estimate is considered as a Contract between the Parties. The estimates issued by THE PARISIAN are valid for a 21-day period from the date of issuance. After this deadline, without any news from the Client having placed the Service Order, or without any confirmation of the acceptance of the Service Order by the Client, THE PARISIAN cancels automatically the Order.
The Client therefore expressly agrees that electronic documents (email, Short Message Service (SMS), recordings, messages, etc.) may serve as proof of His/Her acceptance.
The Service Order is considered as firm and final by THE PARISIAN, if the confirmation of acceptance of the Order is sent by the Client to contact@parisianluxury.com, accompanied with the unamended estimate, signed and dated with the Client’s “Good for agreement”. An estimate signed and agreed by the Client shall constitute an irrevocable commitment on His/Her part.
12.2 Right to withdraw
When the private Client is considered as a consumer and that the Service Order is concluded at a distance, the Client has a period of fourteen (14) clear days, starting from the confirmation or from the acceptance of the estimate, to assert His/Her right to withdraw from the Service Order. The right of withdrawal shall be exercised under the conditions described in Art. 7.
12.3 Performance of the Order
12.3.1 The performance conditions of the Service Order
After the acceptance of the estimate by the Client, if a deposit is requested, THE PARISIAN sends an invoice for this deposit that the Client has to pay as quickly as possible if He/She wants that THE PARISIAN performs the Service Order.
Thus, the Service Order is performed by THE PARISIAN on two conditions :
-> Upon reception of the estimate, considered as a Contract, accepted and signed accompanied with the mention “Good for agreement” ;
-> After that the deposit of 70% requested by THE PARISIAN in the estimate has been cashed.
12.3.2 Urgent Services Orders
Any urgent Service Order must be sent to the email address contact@parisianluxury.com or by means of a Short Message Service (SMS) to +33 06 70 96 85 51. When the estimated amount of the Service Order is below 100,00 euros ( excluding VAT ), We do not issue any estimate. We simply send an email to the Client stipulating that We have taken note of His/Her agreement for the performance of the urgent Service Order, and We precise in it the amount of the invoice and of the deposit ( 70% ) that the Client has to pay immediately. The payment of the deposit is worth acceptance of the estimated amount of the Service Order and shall be regarded as confirmation of the express performance request.
This email and the payment of the deposit will constitute written proof of the Client’s urgent Service Order and of the transactions that will result from them.
The non-payment of the deposit shall be regarded as renouncement of the Service Order by the Client.
12.4 Refusal of performance of a Service Order
THE PARISIANreserves the right not to proceed to the performance and to the provision of the Services ordered by the Client, without any damages being claimed in the following circumstances :
NB :
• • • • •
13.1 Cancellation of the Services Orders by the Client
13.1.1 Before the performance of the Service
In principle, once the estimate has been signed and includes the Client’s “Good for agreement”, it has the legal value of a contract and it is not possible to go back on it. However, in the event that the performance of the Service has not begun or that no Third-Party Provider has been solicited or that no fees has been advanced, THE PARISIAN could be flexible with respect to its Client in an amicable negotiation.
13.1.2 After the performance of the Service
If the Client decides to cancel the Service Order after We have started its performance under the conditions defined in the Art. 12.3.1 and 12.3.2, whatever the reason, except in cases of force majeure or exercise of the right of withdrawal, the deposit eventually requested which has been paid to Us before the request for cancellation will not be subject to refund. Any fees paid by THE PARISIAN to the Third-Party Providers prior to the cancellation request will not be reimbursed to the Client. If the Third-Party Provider has granted a refund to THE PARISIAN, We refund to the Client only the amount granted by Third-Party Provider.
13.2 Partial modification of the Order
Any order for additional Services and any request for modification to a Service must be accepted beforehand by THE PARISIAN. It may be accepted only within the limits of our capacity for action and the availabilities of the Third-Party Providers. In the event of acceptance, this additional Service or the modification of the Service will result in an amendment to the estimate which must be expressly approved (“Good for Agreement”) and signed by the Client, and in a deposit recalculated in accordance with the article 12.3.1.
If a product or service is unavailable, THE PARISIAN undertakes to do its best to offer alternative products or services. However, the proposal and implementation of alternative solutions are conditional upon the receipt of a written agreement by the Client. If no replacement solution is found or accepted by the Client within eight (8) days from the date of request for addition/modification of the Service, THE PARISIAN proceeds with the outright cancellation of the Service Order. No indemnity of any kind may be charged to THE PARISIAN by the Client for this. In addition, the latter will be liable for all amounts eventually advanced by THE PARISIAN with the Third-Party Providers that have not been refunded to THE PARISIAN after the modification/cancellation of the Order.
• • • • •
14.1 Deadline and obligation in terms of means
THE PARISIAN guarantees the Client the proper performance of its Services, as defined in the Subscription Agreement and in line with the private concierge services’ rules and good practices. THE PARISIAN also undertakes to do everything possible to provide the Services requested by the Client within the deadlines mentioned on the estimate. However, these deadlines are communicated for information purposes only and any overrun may not give rise to any damage or interest, nor to any withholding or cancellation of the Service Order by the Client.
14.2 Location and conditions of delivery of the Services Orders
The delivery of the Services and/or products will be made in any place designated by the Client, subject to a prior notice defined between THE PARISIAN and the Client at the Client’s exclusive expense. If the Client makes a special request concerning the delivery conditions of the products and/or services, this request must be duly accepted in writing by THE PARISIAN. All costs necessary to fulfill this specific request will be included in the final invoice.
THE PARISIAN performs the Services Orders in the terms defined and accepted by the Client when they have been sent by telephone or email. We may be held liable under no circumstances in the event of an error caused by the Client.
• • • • •
15.1 Invoices issued by THE PARISIAN
When the Service Order is performed and achieved THE PARISIANrelies on the final estimate duly signed and agreed by the Client and send Him/Her an invoice by email. An invoice is issued by THE PARISIAN and sent to the Client for each Service Order. The amounts that are mentioned in it are denominated in euros, inclusive of all taxes and based on the current rates on the date of the performance of the Service Order. If there are errors in the invoice, that will have been noticed by THE PARISIAN itself, The Company is committed to send a credit note to the Client. The same will be done if the error has been noticed by the Client but the latter must provide valid supporting documents proving THE PARISIAN’s fault.
15.2 Invoicing methods of the Services Orders
In addition to the Subscription to an offer, THE PARISIAN applies fees for each Service ordered by the Client. Depending on the nature of the latter, THE PARISIAN applies a commission percentage fee or a lump sum (hourly, daily, weekly).
15.2.1 Payment to the commission
THE PARISIAN applies a commission rate to the total amount ( VAT included ) of the product(s) / Service(s) ordered with the Third-Party Providers. This rate may vary depending on the nature of the service requested and the amount of time THE PARISIAN has devoted to the accomplishment of the mission.
15.2.2 Hourly / daily / weekly lump sum
Some Services require an important research time or a lot of travels to submit proposals as close as possible to the Client’s expectations (development of tailor-made trips, search for a hotel, shopping services, etc.). For this reason, We calculate the price of the service on an hourly or daily basis, in addition to the possible hourly increase (art. 15.2.3). It is agreed between the Parties that the payment of all costs by the Client to THE PARISIAN shall constitutes receipt and final acceptance of the Services mentioned in the invoice.
15.2.3 Rate increase for extra hours
The Subscription to which the Client has subscribed gives access to all private concierge Services during the days and hours mentioned on the Website and in the Subscription Agreement. THE PARISIAN receives all requests from the Client and will always respond as soon as possible to His/Her requests. However, any contact from the Client by phone, instant messenger, email or by any other communication medium before and after the hours and dates mentioned in the Subscription Agreement, to place a Service Order to be executed immediately or later, will be subject to a gross-up rate applied to the total invoice amount ( excluding taxes ).
NB : As part of the management fee charged for each Service Order, please note that the hourly, daily, weekly fees and the commission rates are lower for Clients who have a six-month or a twelve-month subscription.
15.3 Payment methods accepted
All the invoices issued by THE PARISIAN to the Client must be paid exclusively in euros (€) by bank transfer. The complete bank details of THE PARISIAN are mentioned in the invoice. We do not accept any other payment method, whatever the amount of the Service Order, whatever the nature of the Service and whatever the problems related to the Client’s bank account.
However, cash payment is accepted by THE PARISIAN for individual and professional Client who have subscribed to the “CHAMPS-ÉLYSÉES”, “MONTMARTRE” or “VENDÔME” offers, according to the conditions described in article 8.2.3.
15.4 Payment period
The amounts mentioned in our invoices are based on the current rates on the date of performance of the Service Order. The deposit and the balance are payable and owed to THE PARISIAN within eight (8) calendar days from the date of receipt of the invoice. Please note that the payment deadline is a non-compulsory favour granted to the Client, whether he is a professional or an individual, it is the reason why the latter is required to respect it when signing all the Contracts and estimates, otherwise the Client will pay penalties (art. 15.7).
15.5 Discount for advance payment
THE PARISIAN does not apply any discount in the event of advance payment as part of the Client.
15.6 Resolutory clause
The Service Order will rightfully be terminated fourteen (14) working days after the reception of a formal notice ( by registered letter with acknowledgment of receipt ) to pay the amounts owed to THE PARISIAN, eventually added to late penalty fees. The termination shall occur without prejudice to the damages which may be claimed from THE PARISIAN.
15.7 Late penalties applicable to profesional Clients and retention of title clause
15.7.1 Payability of late penalty fees
Any payment beyond the agreed deadline indicated on the invoice shall give rise to the payment of late penalty fees by the Client without any formal notice. THE PARISIAN applies penalty interest for late payments and a minimum flat-rate allowance as compensation for recovery costs, to which is added the initial total amount of the invoice, VAT included.
NB : The fact that a Client and/or a Third-Party Payor requires from THE PARISIAN to delay the issue of the invoice to lengthen the effective payment period is considered as an abuse. THE PARISIAN reserves the right to refuse this request.
15.7.2 Penalty interest for late payments
We apply the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 points.
In the event of late payment, the calculation rule of the penalty interest for late payments is as follows :
Penalty interest for late payments = Due amount (VAT included) * Interest rate * ( Number of overdue days / 365
15.7.3 Flat-rate allowance for recovery costs ( applicable to professional Client only )
In addition to the late payment allowance, any sum, including the deposit, not paid by the professional Client at the due date shall result in the payment of a fixed allowance for recovery costs of forty (40) euros for each unpaid invoice for THE PARISIAN. The indemnity is owed in full rightfully and without formality to THE PARISIAN even if the invoice is paid partially at the due date, whatever the duration of the delay ( the allowance is not owed for each overdue day ). When the recovery costs are higher than the amount of the flat-rate allowance fixed by decree, THE PARISIAN may request, upon justification, additional compensation.
• • • • •
Claims are admissible provided that the invoice amount has been paid and/or the Service Order has been performed and completed. Under penalty of being automatically inadmissible, claims must be reported, whatever the cause or nature, within seventy-two (72) hours by registered letter with acknowledgement receipt, accompanied by proof of the injury suffered. The Client making the claim shall bear the consequences, whatever they may be, resulting from erroneous, incomplete, inapplicable documents or declarations, or lately provided.
If the Client does not issue any reservations or claims expressly once the products and/or Services have been delivered, they will be considered as complying, in terms of quantity and quality, with the Client’s Service Order.
• • • • •
17.1 Intervention of the Third-Party Providers at THE PARISIAN’s request
Depending on the nature of the Service Order, THE PARISIAN may call on some Third-Party Providers to ensure its successful implementation. We put the Client in contact with the Third-Party Providers, which are mostly our partners. In this case, THE PARISIANsimply acts as an intermediary in the relations between the Client and the Third-Party Providers. It shall be the Client’s responsibility to consult the Third-Party Providers’ General Terms and Conditions of Sale and to accept them expressly.
17.2 Right of withdrawal
The Client is reminded that He/She has a period of fourteen (14) clear days from the confirmation or acceptation of the estimate issued by the Third-Party Provider, to exercise His/Her right of withdrawal without having to justify reasons or pay penalties. However, the Client may exercise this right provided that He/She acts as a consumer and not a professional, and that the Contract is concluded at a distance ( via the Website ).
However, the right of withdrawal cannot be exercised by the Client as part of the following requests for services and contracts :
The Client is asked to be very attentive to the terms and conditions implemented by the Third-Party Providers for exercising the right of withdrawal.
17.3 Payment of the products and Services from the Third-Party Providers
The Client pays directly the Third-Party Providers either the same day of the Service Order, or on the delivery date, in accordance with the payment terms they usually apply. If the Third-Party Providers require payment of the product / Service before the delivery of the latter to the Client, THE PARISIAN proposes to the Client the following options :
17.3.1 Immediate payment of products and services by the Client
The Client may request and authorize THE PARISIAN to use its remote payment card in order to pay directly and immediately a product or Service to the Third-Party Provider. The commitment to pay with a payment card is irrevocable. By communicating the information relating to its bank card, the Client authorizes THE PARISIAN to use His/Her bank card, and the Third-Party Provider to debit the amount corresponding to the previously validated price from the Client’s account. To this end, the Client confirms that He/She is the owner of the bank card and that the name displayed on it is indeed His/Her own.
When THE PARISIAN issues an estimate in response to the Client’s Service request, the validation of this estimate by the Client is deemed to be acceptance of debit of the Service Order amount thanks to the Client’s payment card. The Client must ensure that His/Her payment card information are correct and that He/She has the funds available in his bank account to pay for the Services and/or products ordered. In the event that the debit of the amounts owed is impossible, the sale and the Service Order will be immediately cancelled by law.
17.3.2 Advance fees by THE PARISIAN
Alternatively, THE PARISIAN may advance fees corresponding to the purchases of goods or services necessary for the proper performance of the Service Order, up to a maximum of 200.00 euros inclusive of all taxes per service and per person. When the mission entrusted by the Client has been performed and delivered, THE PARISIAN shall give Him/Her a copy of the invoices paid to the Third-Party Providers if He/She asks for them, in addition to the invoice corresponding to the Service performed by THE PARISIAN. The Client must reimburse all the amounts advanced by THE PARISIAN. We always keep a copy of all invoices from Third Party Providers and those sent to the final Client as evidence for the Client in case of loss or dispute, but also for the tax administration in case of control.
NB :
1) Before any Party makes any payment to the Third-Party Providers, THE PARISIAN shall inform the Client in writing of their payment terms and conditions. The Company also informs the Client of the payment solutions available mentioned above, if the Third Party Providers require the payment of the ordered good/Service before its delivery. The choices expressed in writing by the Client will be transcribed on the estimate and this estimate will constitute proof of the Client’s consent and commitment only if it is signed, dated with the mention “Good for agreement”.
2) We apply VAT to the invoices and estimates for all of our professional and individual Clients.
• • • • •
THE PARISIAN and the Client are committed to each other not to poach, hire or make work any person and any company that has participated directly or indirectly in the performance of the Services Orders requested by the Client during the entire term of the Contract and, if applicable, of its amendments. This prohibition shall continue to apply for a period of 18 months from the termination of the Subscription Agreement and, if applicable, of its amendments. Failure to comply with this prohibition automatically entails an obligation on the part of the offender to pay to the other Party, as compensation, an amount equivalent to the gross remuneration received by the person concerned during the last 18 months preceding His/Her departure, without prejudice to compensation for the damages actually suffered.
• • • • •
Under the terms of these General Terms and Conditions of Sale, the Client has a personal, punctual, non-transferable and non-exclusive right of use. Under these conditions, it is expressly agreed between the Parties that these General Terms and Conditions of Sale may under no circumstances be assigned to a third party by the Client or the Prospect, whether in case of a total or even partial transfer, for commercial or non-commercial purposes. THE PARISIAN reserves the right to assign the benefit of these General Terms and Conditions of Sale to any legal person that will take over all the obligations in question with respect to the Client.
• • • • •
These General Terms and Conditions of Sale, the Subscription Agreements, the estimates and the invoices sent to the Client build and constitute the entire contractual relationships between the Parties. THE PARISIAN may make amendments to these General Terms and Conditions of Sale at any time. Such an update is subject to a prior and specific notice sent by email to the Client. Any new version accessible on the Website www.parisianluxury.com under the rubric « General Terms and Conditions of Sale » will be effective immediately and will be applicable to any new Contract concluded after its update and to any renewed Contract.
These General Terms and Conditions of Sale will prevail over any other version or any other contradictory document. If any one of the clauses of these General Terms and Conditions of Sale were to be void in respect to a rule of law in force or to a legal decision become final, it would then be deemed to be unwritten, without, however, leading to the nullity of the Contract or to call into question the validity of its other stipulations.
You can save or print these General Terms and Conditions of Sale, provided that You do not modify them.
• • • • •
21.1 Use of personal data
THE PARISIAN, the publisher of the Website www.parisianluxury.com, respects the privacy of its Users and Clients. We undertake to ensure that all personal information that they communicate to Us to identify them remain confidential information. THE PARISIAN, after having collected this personal data, undertakes to process it in compliance with the French Data Protection Act of January 6, 1978.
All the personal data of the Prospects and Clients will never be sold or given for commercial purposes. They are only used as part of their commercial relationship with THE PARISIAN. Thus, the Users and Clients’ personal data held by THE PARISIAN always comes from the information communicated by these Users and Clients :
THE PARISIAN informs that it will communicate the Client’s personal data to the Third-Party Providers from outside the company, solely for professional reasons to comply with its obligations towards the Client by performing His/Her Service Order and being in compliance with the Client’s instructions ;
Pursuant to French Law 78-17 of January 6, 1978, THE PARISIAN may use the Client’s personal data for an internal use by the authorized personnel of THE PARISIAN in the following cases :
We may use the Client’s personal data for an internal use by our authorized personnel also in the following cases :
To learn how We process your personal data, to be informed about your rights related to your personal data and to learn more about cookies, please :
21.2 The Client’s rights with respect to His/Her personal data
In accordance with French Law 78-17 of January 6, 1978, the Client has a right of permanent access, modification, rectification, deletion and opposition with regard to His/Her personal data. The Client may exercise this right by submitting a request to THE PARISIAN at contact@parisianluxury.com or by sending a letter to THE PARISIAN, 66 avenue des Champs-Elysées, 75008 Paris, France.
21.3 The Client’s commitments with respect to His/Her personal data
The Client undertakes to inform THE PARISIAN of any change in His/Her personal data. In this way, We can continue to contact the Client at any time for His/Her current Services Orders or for any other need as part of our business relationship with the Client.
The Client undertakes to ensure the privacy of His/Her data and not to communicate them to any third party. THE PARISIAN shall not be liable for any consequences arising from their fraudulent or malicious use as a result of the Client’s fault or negligence.
• • • • •
The intellectual property rights attached to the Services sold on the Website www.parisianluxury.com are and remain the exclusive property of THE PARISIAN. All exploitation rights are exclusively reserved to THE PARISIAN. Nobody shall, therefore, reproduce, exploit, disseminate or use intellectual property rights in whatever capacity, even partially, without the prior written consent of THE PARISIAN. The Company’s trademarks, in particular THE PARISIAN, L’Art De Vivre A La Française, and logos are registered and protected by the INPI. Any reproduction therefore constitutes counterfeit and an infringement susceptible of criminal sanction. The Client undertakes to make personal and non-commercial use of the information contained in the documents and on the Website www.parisianluxury.com distributed and managed by THE PARISIAN.
• • • • •
Clients are reminded that pursuant to the Article 1219 of the French Civil Code, each Party may refuse to fulfil its obligation even though it is due, if the other Party does not perform its obligation and if the non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the Contract or to fundamentally upset its economic balance. The suspension of execution shall be effective immediately on receipt of the notification of default sent by the Party that is victim of the breach to the defaulting Party, indicating the intention to apply the breach exception until the defaulting Party has remedied the deficiency found. This notification of default is sent by registered letter with a request for acknowledgement of receipt or in any other durable written medium allowing proof of the dispatch.
This non-performance of the Contract may also be used for preventive purposes, in accordance with the legal provisions of the Article 1220 of the French Civil Code, if it is clear that one of the Parties will not fulfil its obligations at the end of the term and that the consequences of such non-performance are sufficiently serious for the Party that is the victim of the default. This right shall be used at the risk of the Party taking the initiative.
The suspension of performance shall be effective immediately, upon receipt by the alleged defaulting Party of the notification of the intention to apply the pre-emptive non-performance exception until the alleged defaulting Party fulfils the obligation for which a future breach is evident. This notification is sent by registered letter with a request for acknowledgement of receipt or in any other durable written medium allowing to provide a proof of the dispatch.
This Article 23 shall not apply to cases of suspension expressly stipulated elsewhere and in particular to cases of suspension for non-payment, non-compliance with payment conditions, incorrect information, in which cases the suspension procedures laid down in the relevant Articles shall apply.
• • • • •
24.1 Obligation in terms of means
Le Client reconnaît expressément que THE PARISIAN intervient comme un simple intermédiaire et la Société n’est à ce titre tenue qu’à une obligation de moyen.
24.2 Third-Party providers’ liability
Si THE PARISIAN fait appel à un ou plusieurs Prestataires Tiers pour l’exécution d’une Commande, en aucun cas La Société ne pourra être tenue responsable du choix de ces Prestataires Tiers ni de la mauvaise exécution, de la dégradation d’une demande de prestation par ces Prestataires Tiers. Ces derniers restent les seuls responsables des produits et prestations de services qu’ils proposent et fournissent au Client final. En cas de réclamation, et quelle que soit la raison, le Client devra en conséquence s’adresser directement aux Prestataires Tiers concernés.
Grâce à son Abonnement, le Client dispose d’un accès à un grand nombre d’avantages négociés auprès des Prestataires Tiers sélectionnés par THE PARISIAN. Les Partenaires sont toutefois libres de modifier à tout moment leurs conditions générales de vente et d’utilisation, et THE PARISIAN ne pourra être tenue responsable des changements effectués.
24.3 In case of force majeure
Any external event beyond the control of the Parties that cannot reasonably be foreseen and overcome will be considered as a force majeure event as recognized by the jurisprudence of the French courts, in accordance with Article 1218 of the French Civil Code.
Thus, THE PARISIAN will not be held responsible following a force majeure event making impossible the total or partial fulfilment of its obligations as part of the estimate and the Subscription Agreement, leading to the non-feasibility of a Service ordered by the Client or causing damage of any kind whatsoever for the Client.
The occurrence of such an event constitutes a cause of total or partial cancellation of THE PARISIAN’s obligations towards the Client, without this giving rise to compensation for the benefit of the Client. In this case, THE PARISIAN will inform the Client and propose one or more alternative solutions in line with the Order. In this case, THE PARISIAN will inform the Client and will propose Him/Her alternatives complying with the Service Order.
Likewise, THE PARISIAN shall not be liable for all the disadvantages or damages inherent in the use of the Internet network, particularly for a breach of service, an external intrusion or the presence of computer viruses.
Similarly, the responsibility of THE PARISIAN shall not be liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses.
24.4 Insurance
THE PARISIAN subscribed to all the guarantees necessary to cover at sufficient levels the liabilities related to the performance of the Contract with an insurance company that is known to be solvent.
THE PARISIAN shall be held liable only in case of proven fault or neglect and its liability is limited to any direct material prejudice, hereby excluding any other form of indirect prejudice. Under no circumstance, can THE PARISIAN be responsible for indemnifying the consecutive and non-consecutive immaterial or indirect loss or damages incurred by the Client such as, without this list being exhaustive, business interruption, loss of production, loss of profits, loss of revenue, loss of contract, prejudice to the business reputation, missed opportunities, business damages, extra production costs, immobilization of staff and materials.
24.5 Assignment and transfer of the rights and obligations
The Contracts between the Client and THE PARISIAN and/or the successors and “right holders” of the latter constitute legally binding Contracts between the Parties. THE PARISIAN may assign or transfer the Contracts, the rights and obligations at any time without the Client’s prior consent.
25.6 In case of error or Client’s lack of transparency
THE PARISIAN shall not be liable for damages resulting from errors arising from documents and information provided or hidden by the Client. We shall also be discharged from any responsibility in the event that the Client does not provide Us with all the information necessary to perform the Service Order.
• • • • •
We archive the Services Orders, estimates and invoices in a reliable material support constituting a faithful copy in accordance with the legislation in force. The computerized records of THE PARISIAN are considered by the Parties to be evidence of communications, orders, payments and transactions between them. The Client agrees that all correspondence, communications or transmission of information between THE PARISIAN and the Client by electronic means shall be presumed to have the same probative force as hard-copy written documents.
• • • • •
The General Terms and Conditions of Sale are initially written in French. They have been translated in English to allow our international Clients to better understand our terms and conditions as part of their Subscription Agreement. Consequently, this English version only has an informative purpose, and only the French version is authentic in the event of a dispute.
By express agreement between the Parties, all the clauses contained in these General Terms and Conditions of Sale are subject to French law. Pursuant to Regulation (EC) Number 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations, THE PARISIAN and the Client choose the French law as the law applicable to the Contract.
In the event of a dispute between the Parties, the Client shall first and foremost contact THE PARISIAN, 66 avenue des Champs-Elysées, 75008 Paris, France, to obtain an amicable solution. In the absence of an amicable resolution between THE PARISIAN and the professional Client, any disputes relating to the validity, to the interpretation and the enforcement of these General Terms and Conditions of Sale shall be brought before the French courts, which are hereby expressly given exclusive competence.
• • • • •
Updated on January 15th, 2021 by Mrs. Thy-Phuong Vermeersch, Founder and CEO at THE PARISIAN, L’Art De Vivre À La Française.