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General Terms and Conditions

 

GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES IN FRANCE AS OF 20th OF APRIL 2017

 

1. APPLICABILITY OF GENERAL TERMS AND CONDITIONS

​For the business relationship between SACREBLEU PARIS (hereafter referred to as “SACREBLEU PARIS”), a limited liability company registered under number 802 951 947 at the Trade and Companies Registry of Paris, with a share capital of €2,600, whose registered office is located at 58 avenue de Wagram – 75017 Paris, France, and the customer (hereafter referred to as the “Customer”), the following general terms and conditions of services, including its binding current Price List (hereafter referred to as the “General Terms and Conditions”) shall exclusively apply. Conflicting standard terms of the Customer are not accepted by SACREBLEU PARIS, except where SACREBLEU PARIS expressly agrees otherwise in writing.

To be eligible for our services, the Customer must have full legal capacity to enter into a contract, and if the Customer is an individual, be at least 18 years old.

SACREBLEU PARIS reserves the right, in its entire discretion, to amend the present General Terms and Conditions, including its Price List. The new version of the General Terms and Conditions shall apply to all new orders.

For the business relationship between SACREBLEU PARIS (hereafter referred to as “SACREBLEU PARIS”), a limited liability company registered under number 802 951 947 at the Trade and Companies Registry of Paris, with a share capital of €2,600, whose registered office is located at 58 avenue de Wagram – 75017 Paris, France, and the customer (hereafter referred to as the “Customer”), the following general terms and conditions of services, including its binding current Price List (hereafter referred to as the “General Terms and Conditions”) shall exclusively apply. Conflicting standard terms of the Customer are not accepted by SACREBLEU PARIS, except where SACREBLEU PARIS expressly agrees otherwise in writing.

To be eligible for our services, the Customer must have full legal capacity to enter into a contract, and if the Customer is an individual, be at least 18 years old.

SACREBLEU PARIS reserves the right, in its entire discretion, to amend the present General Terms and Conditions, including its Price List. The new version of the General Terms and Conditions shall apply to all new orders.

 

2. BINDING CHARACTER OF OFFERS, CONCLUSION OF THE AGREEMENT 

The Customer may contact SACREBLEU PARIS:

 

Once the Customer has provided SACREBLEU PARIS with all necessary information in order for SACREBLEU PARIS to understand the Customer’s needs, SACREBLEU PARIS shall send to the Customer two signed copies of an engagement letter (hereafter referred to as the “Engagement Letter”) including (i) a precise description of the services performed by SACREBLEU PARIS for the Customer (hereafter referred to as the “Services”), including a detailed schedule of the proposed Customer’s journey (hereafter referred to as the “Journey”), and (ii) the total price for such Services (hereafter referred to as the “Price”), together with an estimate of all costs to be incurred by the Customer during its journey, such as accommodation and food expenses, transportation costs, etc. (hereafter referred to as the “Journey Costs”).

 

If the Customer agrees with the proposed schedule and total price proposed in the Engagement Letter, the Customer must initial and sign the two copies of the Engagement Letter and send back one copy to SACREBLEU PARIS.

 

An agreement (hereafter referred to as the “Agreement”) is concluded between SACREBLEU PARIS and the Customer, only if and as soon as the Customer has signed the Engagement Letter.

 

3. RIGHT OF WITHDRAWAL 

Provided that the Customer is a consumer within the meaning of the French consumer, the Customer shall be entitled to exercise its right of withdrawal in compliance with Article L.121-21 and seq. of the same code.

Such withdrawal right may be exercised within a period of 14 days without cause and in written form (e.g. by letter, fax or e-mail). The term of revocation starts to run after the Agreement is entered into, i.e. after the signing of the Engagement Letter by the Customer, and in case such period expires on a Saturday, Sunday or a public holiday, such period is extended until the next working day. The withdrawal notification shall be addressed to:

SACREBLEU PARIS
Address: 58 avenue de Wagram – 75017 Paris, France
E-mail: stephanie@sacrebleu-paris.com

In case of effective withdrawal, any obligation of reimbursement of payments shall be fulfilled by Sacrebleu Paris within a period of 30 days. The term starts to run for the Client upon dispatch of the Client withdrawal notification and for SACREBLEU PARIS upon the receipt thereof.

However, such right of withdrawal does not apply to the following products and services listed in Articles L.121-21-8 and L. 121-16-1 of the French consumer code:

·       accommodation services other than residential accommodation, to be provided at a set date or at a specified period of time;

·       car rentals to be provided at a set date or at a specified period of time; 

·       catering services to be provided at a set date or at a specified period of time; 

·       leisure activities to be provided at a set date or at a specified period of time;

·       tourism package, within the meaning of Article L. 211-2 of the French tourism Code; and

·       passenger transportation services.

 

4. PRICE, INVOICING AND PAYMENT 


Prices and Journey Costs are quoted in euro (EUR) tax included (plus shipping costs, if any). SACREBLEU PARIS will issue and send to Customer an invoice (hereafter referred to as the “Invoice”) immediately on receipt of the signed Agreement.

The Customer shall pay to SACREBLEU PARIS :

·       on the date of receipt of the Invoice:

-        50% of the Price; and

-        the total amount of the estimated Journey Costs(Activities) ;

·       at least 6 business days before the beginning of the Journey:

-        the remaining 50% of the Price.

For the avoidance of doubts, if the Agreement is concluded 6 business days or less before the beginning of the Journey, the Customer shall pay immediately to SACREBLEU PARIS the total Price and the total amount of the estimated Journey Costs.

SACREBLEU PARIS accepts payment via:

Please note that the Customer does not need a Paypal account in order to use PayPal payment services. All information with respect to the use of PayPal services is available at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full?locale.x=en_FR#5.

If the Customer chooses to make its payment by using Payment Paypal services or the credit card payment online link, the Customer shall pay to SACREBLEU an additional payment fee representing 3,9% of the total amount paid.

The Customer warrants that it is authorized to use its PayPal account or any credit card he used for the payment of the Price and Journey Costs. The Customer also warrants that adequate financial resources are available on the bank account used for the payment of the Price and Journey Costs.

When making the aforementioned payments, the Customer shall always indicate the reference number provided on the Invoice.

In addition, at the beginning of its Journey, the Customer may be requested to provide a direct debit authorization from its bank account in order for SACREBLEU PARIS to be able to easily obtain reimbursement of all additional Journey Costs SACREBLEU PARIS will pay on behalf of the Customer during its Journey.

In the event of any payment becoming overdue, the Customer shall be automatically liable, and without the need of any formal notice from SACREBLEU PARIS, of a late payment penalty for an amount equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) points, together with a lump sum compensation for recovery costs of forty (40) euros or any equivalent amount in local currency, and without prejudice to any other rights or remedies available to SACREBLEU PARIS.

The Customer expressly waives any right to reduce the Price, as provided for in Articles 1217 and 1223 of the French Civil Code.

 

5. SERVICES AVAILABILITY

In the event of total or partial unavailability of a Service, the Customer will be notified by e-mail of partial delivery or cancellation of such Service.

In accordance with Articles L.138-2 and L.138-3 of the French Consumer Code, in such a case, then the Customer has the right to be reimbursed for the price of the Service within 14 days of its request.

 

6. LIABILITY 
 

SACREBLEU PARIS tries to ensure that information and recommendation provided with respect to Services is accurate and up-to-date. That said, as this information comes directly from third parties, SACREBLEU PARIS cannot guarantee accuracy or completeness of such information. This information is provided in order to give the Client an idea of the types of services available. The Customer acknowledges that, in view of the subjectivity involved in advice and recommendation with respect to Journey’s activities, SACREBLEU PARIS shall not be held liable for any loss or damages suffered by the Customer for having followed such advice or recommendation.

 

During the booking process, SACREBLEU PARIS gives the Client the opportunity to indicate any "special requests" the Client may have. SACREBLEU PARIS will communicate and follow up on the Client’s requests with the relevant Service provider, but SACREBLEU PARIS cannot guarantee they will be granted.

In addition, SACREBLEU PARIS tries to ensure that the images displayed on its website available at http://www.sacrebleu-paris.com/ actually correspond to the services offered by third party service providers. That said, SACREBLEU PARIS cannot guarantee that this will always be the case. Images are provided in order to give customers an idea of the types of services being offered.

The Customer acknowledges that SACREBLEU PARIS is a travel service provider assisting the Customer in its Journey, and is therefore only responsible for the booking of Journey’s activities, but is in no event responsible for the actual content of such Journey’s activities. Accordingly, SACREBLEU PARIS shall not be liable for losses or damages suffered by the Customer resulting in particular from the bad quality of the food served in a restaurant, a tour guide, a museum, or a hotel, even though SACREBLEU PARIS booked on behalf of the Customer.   

SACREBLEU PARIS shall only be liable to the Customer for loss or damage caused directly and reasonably foreseeable by SACREBLEU PARIS resulting in the breach of these General Terms and Conditions. In no event shall SACREBLEU PARIS be liable for any of the following types of loss or damages arising under or in connection to these General Terms and Conditions , whether in contract, tort or otherwise:

·       any loss of profits, goodwill, business, contracts, revenue or anticipated savings; 

·       any loss or corruption of data; or

·       any loss or damage whatsoever which does not stem directly from our breach of these General Terms and Conditions.

In particular, SACREBLEU PARIS shall not be liable in case the “skip the line” services do not apply for security reasons.

 

Nothing in these General Terms and Conditions shall limit SACREBLEU PARIS’ liability resulting from fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, death or personal injury, tort claims, or claims based on product liability under Article 1386-1 and seq. of the French civil code.

These limitations or exclusions of liability apply only to the extent and limits of applicable law and are not intended to contradict French public policy provisions.

Nothing in these General Terms and Conditions shall limit or exclude the legal warranty of conformity under articles L.211-4 and seq. of the French consumer code, or the hidden/latent defects warranty under articles 1641 and seq. of the French civil code.

Article L211-4 of the French consumer code:

 
The seller is required to deliver a product that conforms to the contract and is held liable for any lack of conformity that exists upon delivery.

 
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.

 

Article L211-5 of the French consumer code:
 

To conform to the contract, the product must:

1.     Be suitable for the purpose usually associated with such a product and, if applicable:

·       correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

·       have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2.     Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

 

Article L211.7 of the French consumer code:
 

In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery.
The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.

 

Article L211-12 of the French consumer code:
 

Action resulting from lack of conformity lapses two years after delivery of the product.

 

Article 1641 of the French civil code:
 

A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

 

Article 1645 of the French civil code:
 

Where the seller knew of the defects of the thing, he is liable, in addition to restitution of the price that he received from him, for all damages towards the buyer.

 

Article 1646 of the French civil code:
 

Where the seller did not know of the defects of the thing, he is only liable for restitution of the price and for reimbursing the buyer for the costs occasioned by the sale.

Article 1648 §1 of the French civil code:
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice".

 

SACREBLEU PARIS and the Customer expressly waive any right of unilateral resolution of the Agreement, as provided for in Article 1226 of the French Civil Code.

 

7. EQUIPMENT SUPPLIED

SACREBLEU PARIS may provide the Customer with equipment (including mobile phone, tablet, etc.).

The Customer agrees to keep in good condition all such equipment provided by SACREBLEU PARIS in the course of performance of the Agreement. The equipment provided remains the property of SACREBLEU PARIS.

Upon completion of the services performed by SACREBLEU PARIS, the Customer shall return to SACREBLEU PARIS any equipment supplied by SACREBLEU PARIS to the Customer.

8. ASSIGNMENT 

The Customer may not transfer or assign any rights or obligations it has under these General Terms and Conditions or any Agreement thereof without SACREBLEU PARIS’ prior written consent.

 

9. CONFIDENTIALITY

SACREBLEU PARIS and the Customer acknowledge that during the performance of this Agreement, each party will have access to certain of the other party’s written or oral information, related to the operations of either party that has been identified as confidential or that by the nature of the circumstances surrounding disclosure ought reasonably to be treated as confidential (hereafter referred to as the “Confidential Information”). In particular, all information included in the Engagement Letter, such as the schedule disclosed by SACREBLEU PARIS with respect to the Customer’s Journey shall be treated as Confidential Information.

Receiving party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the disclosing party. Receiving party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving party shall not, without prior written approval of disclosing party, use for receiving party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of disclosing party, any Confidential Information. Receiving party shall return to disclosing party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if disclosing party requests it in writing.

Receiving party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the receiving party; (b) discovered or created by the receiving party before disclosure by disclosing party; (c) learned by the receiving party through legitimate means other than from the disclosing party or disclosing party's representatives; or (d) is disclosed by receiving party with disclosing party's prior written approval.

 

10. FORCE MAJEURE 


A party shall be relieved of contractual liability for failure to perform any of its obligations under the Agreement, if this failure is due to an event of force majeure (as defined below). It is not possible to rely on force majeure with respect to payment obligations.

Under these General Terms and Conditions and notwithstanding the definition by Article 1218 of the French civil code, together with French case law, force majeure means any unforeseeable circumstances beyond the reasonable control of the party invoking force majeure, which makes the performance by this party of any of its obligations dangerous, greatly unbalanced or impossible.

It is hereby expressly agreed that force majeure will include amongst other events but not limited to: war declared or not, civil disturbance, riot, revolution; act of piracy, sabotage; boycott, strike, lock-out, or other protest actions, external to the parties or not; accident; fire, explosion; natural disaster such as violent windstorm, hurricane, earthquake, tidal wave, lightning destruction; bad weather; flood; interruption of production or of delivery from a supplier of a party; interruption of transport; blockade; restriction of exports; import or export ban; and government action, in particular with respect to homeland security and state of emergency.

Upon occurence of an event of force majeure, the relevant party shall notify the other party as soon as possible by recorded letter with acknowledgment of receipt. Performance of obligations actually impeded by the event of force majeure is suspended as long as the aforesaid event of force majeure persists.

In the event force majeure lasts more than thirty (30) calendar days from receipt of the notification, any party will be entitled ipso jure to terminate the agreement by written notification taking the form of a recorded letter with acknowledgment of receipt, with immediate effect.

 

11. HARDSHIP CLAUSE

SACREBLEU PARIS and the Customer hereby declare that they assume all risks related to a change of circumstances of any kind and for whatever reason during the term of these General Terms and Conditions or any Agreement thereof, their provisions (including financial conditions) remaining intangible, including in the event of an unforeseeable change of circumstances as referred to in Article 1195 of the French Civil Code, the application of such Article being expressly excluded by the Parties.

 

12. SEVERABILITY CLAUSE

Should any provisions of these General Terms and Conditions is or become ineffective, unenforceable or missing, the effectiveness of the remaining provisions shall not be affected thereby. Any such ineffective, unenforceable or missing provision shall be deemed replaced by such provision as the parties would reasonably have agreed had they been aware of such ineffectiveness, unenforceability or omission.

 

13. APPLICABLE LAW – LITIGATION

The entire contractual relationship between SACREBLEU PARIS and the Customer resulting from the application of these General Terms and Conditions, and any special agreement that may be entered into and all disputes arising there from, of whatever nature, shall be governed by the laws of France. The provisions of the United Nations Convention on International Sale of Goods shall not apply.

In the absence of an amicable settlement, any dispute arising out and related to the performance, interpretation and/or enforceability of these General Terms and Conditions, shall be subject to the sole and exclusive jurisdiction of the Paris Courts (France).

 

SACREBLEU PARIS PRICE LIST AS OF 20th OF April 2017 :

1) Rates for the collections

SACREBLEU

Assistance from 11AM to 11PM

499€/Day

without vta for 7 days

DETAILS :

 

- Possibility of modifying the schedule

 

- Assistance :

By telephone

By e-mail

 

- Tickets and experiences

as an additional fee (20%)

 

- Optional : presence on site when required (fees of 85€ without vta applied each time your assistant is required)

 

 

C’EST MAGNIFIQUE

Assistance from 11AM to 3PM

399€/Day

without vta for 7 days

DETAILS :

 

- Possibility of modifying the schedule 1 time during the trip

 

- Assistance :

By telephone

By e-mail

 

- Tickets and experiences

as an additional fee (20%)

 

- Optional : presence on site when required (fees of 85€ without vta applied each time your assistant is required)

 

OH LA LA !

Bespoke Schedule without assistance

1,500€ without vta

for of 7 days

DETAILS :

 

- Possibility of modifying the schedule 1 time BEFORE the trip

 

- Tickets and experiences

as an additional fee (20%)

 

 

- Optional : presence on site when required (fees of 120€ without vta applied each time your assistant is required)

 

 

2) Rates for private driver services:

·       550€/day VAT included from 11am to 11PM (prices may vary regarding periods of the year if low or high season)

·       110€ per pick up at airport

In addition, the Customer shall pay to SACREBLEU PARIS an additional booking fee of 20% of the total amount paid by Customer for private driver Services.

3) Rates for shopping tours:

·       Half day : 490€

·       Full day : 785€

The Customer shall pay total Price for the shopping tour at least 24 hours before the beginning of such tour.

 

PLEASE NOTE THAT OUR RATES DO NOT INCLUDE THE FOLLOWING:

Please note that SACREBLEU PARIS is at the Customer’s disposal to provide with any information needed on hotels in Paris.

Bills will be invoiced and paid before Customer’s end of Journey.