GENERAL CONDITIONS OF SALE
ARTICLE I - Scope
These General Conditions of Sale apply, without limitation or qualification, to all services offered by www.justinparis.com (SIRET: 790 283 238 00018) namely:
The offer `PLAN YOUR TRIP which includes:
• The creation of a custom-made agenda in Paris dedicated to each client advising on accommodation, restaurants, bars and activities and taking into account the wishes expressed in the questionnaire that has been previously filled by the Customer;
The offer `MEET & GREET` which includes:
• A personal interview with the Client upon his/her arrival at Paris; i.e. a physical meeting between the Provider and the Client lasting approximately one hour and in the place where the Client is staying within a maximum of 24 hours after the arrival of the Client in Paris;
• The proposal for a hotline 7 days a week during the Client’s stay in Paris; i.e. the availability by phone of the Provider by the Customer every day from 10am to 7pm during the Client’s stay in Paris. If the Provider is not reachable at these times, the Customer can leave a voice message which will be returned within a maximum of 3 hours, except in cases of force majeure or fortuitous impediments.
• The hand-delivery by the Provider to the Customer of a home-made book gathering advice `to enjoy Paris like a local`.
The offer `WALK MY PARIS` which includes:
• The preparation of a tailor-made itinerary dedicated to each client taking into account the wishes expressed by the Client in oral or written exchanges with the Provider.
• The walk in Paris during a half-day, i.e. about 4 hours, or during a full day, i.e. about 8 hours with Justine, the representative of the Provider, and according to the itinerary previously approved by the Client.
These Terms and Conditions shall apply to the exclusion of all other conditions, including those applicable to other marketing channels.
These Terms and Conditions are available at any time on the www.justinparis.com website and prevail over any other version or any contradictory document.
Except proof to the contrary, the data recorded by www.justinparis.com constitute proof of all transactions.
Changes to these Terms and Conditions are binding on users of the site from their online application and cannot be applied to previous transactions.
The validation of the order of services by the Customer requires the unconditional acceptance of these Conditions of Sale.
ARTICLE 2 - Orders
The Customer selects on the website the service he wants to order, as follows:
The customer contacts the provider by completing the form on the `Contact` page of the www.justinparis.com website and specifying the service he/she wishes to order : `Plan your trip`, `Meet and greet` or `Walk my Paris`.
When the Provider receives the contact form filled in, the Provider asks a few questions by e-mail or by phone to the Customer in order to know the dates of his stay, his preferences and his expectations.
Given the information provided by the Client, the Provider sends to the Customer by e-mail, and within a maximum of 72 hours, a proposal of agenda and itinerary described with photos and a short text. In any case, names, addresses and phone numbers are disclosed in the proposed itinerary.
This step is completely free and without commitment for the Client.
Upon receipt of the proposal sent by the Provider, the Client can contact him/her by phone or e-mail for modifications. If the Provider considers that these requests are feasible, he compiles a new proposal which will be sent by e-mail to the Client within 48 hours at the most.
This step can be repeated as many times as the Provider considers possible to respond favorably to requests by the Customer for changes to the proposal and provided that they are notified within 8 days before the delivery of the service.
The Provider alone can assess whether or not he/she may respond favorably to requests for changes to the proposal by the Client. His/her decisions do not imply a formal commitment of any kind on his/her part.
In cases where the Provider cannot respond favorably to requests to change the proposal by the Client, the latest proposed agenda and itinerary shall be considered final offering services proposed by the Provider to the Customer.
Therefore, the Customer may choose:
If the proposal does not suit him/her, to cancel his order. No payment will be required of the Customer by the Provider.
If the proposal suits him/her, to confirm the order by paying a deposit of 50% of the total price of the order by secure online Paypal system.
The reservation of services will be considered final after receiving confirmation of payment of the deposit by the customer.
All orders must apply at least to the offer “WALK MY PARIS” for a price of €220.
Any changes to the order by the Customer shall not be taken into account by the Provider within the limits of its possibilities and in condition to be notified to the Provider by email or by phone at least 8 days before the date scheduled for delivery of services ordered.
If need be, they will lead to the establishment of a new quote and a price adjustment.
ARTICLE 3 - Rates
The services offered by the Provider are provided at the rates in effect at the moment of the recording of the order by the Contractor, as shown on the Provider’s www.justinparis.com website and according to the quote determined as specified in Article 2 `Orders` above. Prices are net and in Euros.
These prices are firm and non-revisable during the validity period, as shown on the Provider’s website.
An invoice is issued and delivered by the Provider to the Customer at the moment of the provision of services ordered.
ARTICLE 4 - Payment Terms
The price is payable in two installments:
A deposit of 50% of the total amount is payable on the day of placement of the order by the Customer, as detailed in Article 2 `Orders` above, by way of payment via the secure Paypal system.
The balance is due in cash at the first encounter between the Provider and the Customer in Paris.
Any order can be cancelled without charge from the Contractor up to 3 months (90 days) before the day of the first encounter between the Provider and the Client in Paris. After that, the deposit is not refundable in case of cancellation.
The Contractor shall not be required to make the provision of services ordered by the Customer if the price has not been previously paid in full under the conditions indicated above.
ARTICLE 5 - Provision of Services
The proposal of agenda and itinerary will be sent within a maximum of 72 hours after reception of the wishes expressed by the Client in written exchanges with the Provider.
As part of the `Meet and greet` offer : The personal meeting will be arranged by the Provider within a maximum of 24 hours after the arrival of the Client in Paris.
The Provider agrees to use its best efforts to provide the services requested by the Customer on time specified above. However, these delivery times are indicative and a possible overrun will not give rise to any payment of damages, to any compensation of any kind. Such an overrun would not justify either any retention of the price of the Services or any cancellation of the order by the Customer.
However, if the services ordered were not delivered within 24 hours following the dates specified above, for any reason other than force majeure, fortuitous events or because of the Customer, the sale may be canceled at the written request of the Customer or of the Provider. In that case, the sums paid by the Customer will be refunded without delay, excluding any compensation or retention.
In case of specific requests of the Customer concerning the conditions of supply of services, duly accepted in writing by the Contractor, related costs will be covered by a specific and additional bill later.
Unless reserves or claims expressly made by the Client during receipt of benefits, they will be deemed to comply with the order, in quality and in quantity.
The Customer shall have a period of two weeks from the provision of services and the receipt of these ones to issue, in writing, such claims or reserves, with all supporting documents (proof of communication attempts to the Provider which were unsuccessful, evidence of inaccessibility to places recommended by the Contractor, Etc..) to the email address: email@example.com
No claim may be validly accepted in case of noncompliance with these formalities and delays by the Client.
The Contractor shall rectify, in the shortest possible time and at its own expense, the services provided with the lack of conformity which has been duly proved by the Client. If unable to correct promptly the services provided, the Contractor shall reimburse the services provided with the lack of conformity which has been duly proved by the Client.
ARTICLE 6 - Right of withdrawal
The Customer disposes of, in accordance with the law, a withdrawal period of 7 days from the date of acceptance of the order to cancel it, as provided by the regulations.
This period goes into effect after the acceptance of the offer. When the seven-day period expires on a Saturday, Sunday or a holiday, it is extended until the first following working day.
The withdrawal of the Client shall be made in writing to firstname.lastname@example.org
In case of exercising the right of withdrawal, the Provider will make every effort to refund the Customer within 30 days by bank transfer or check. No right of withdrawal may be eligible for any compensation or penalty whatsoever. The right of withdrawal is only available to private individuals, it does not apply in any case to a professional or a holder of a SIREN number, according to French law.
ARTICLE 7 - Liability of Service - Warranty
7-1 From the Provider
The Provider is not liable for damages of any kind that may be due to the alteration of respect for privacy and security in the use and content of the web page.
The Provider is not responsible for any failure of any kind of intermediaries (including restaurants, hotels, museums, leisure companies) that the Provider recommends to the Client.
The Contractor shall take the utmost care to ensure that services purchased on www.justinparis.com will be carried out in the best possible conditions. The Customer must also take steps to allow `Just’in Paris` to perform its obligations, in particular by providing accurate information and informing by e-mail at email@example.com of any changes that may intervene in this information (identity, address, etc.)..
The Contractor guarantees, in accordance with the law, the Customer against any fault, resulting from a defect in design or fulfillment of the services provided and rendering it unfit for the use for which they were intended, to the exclusion of any negligence or fault of the Client, against any defect thereof.
To enforce his/her rights, the Customer shall, under penalty of forfeiture of any related action, inform the Provider in writing of the existence of defects or non-compliance within a maximum of 7 days from their discovery.
The Provider will rectify or correct the services deemed defective within a period of 30 days from the receipt by the customer.
The Contractor’s warranty is limited to reimbursement of services paid by the Client and may not be considered liable for any delay or failure due to the occurrence of an event of force majeure usually recognized by French law.
Services provided through the Provider’s website comply with the regulations in force in France.
7-2 From the Client
The Client is solely responsible for his identification of access to the service and for the use he makes of the website and its services; aware of this, he voluntarily accepts this responsibility.
The Customer is also responsible for the information provided in the questionnaire on which the Provider will establish the custom-made agenda.
In the case of `Walk my Paris`, the Clients understand that they remain under their own responsibilities, and the Provider should not be held responsible of any issues due to walking, falling or sliding, or any thing happening during the walk.
ARTICLE 8 - Variation of conditions
These general conditions of sale can undergo changes that will be communicated to Customers through a publication on the web page.
ARTICLE 9 - Termination
The Provider may terminate the contract in advance, and without the need of notice, by refusing or withdrawing access to the website, services or content, to customers who do not meet these conditions.
ARTICLE 10 – Data-processing and Liberties
Under the law 78-17 of 6 January 1978, it is recalled that the personal data that is requested from the Customer is required to process the order and invoicing, notably.
Treatment of information provided through the Provider’s website has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, the right of permanent access, modification, rectification and opposition with regard to information about him/her.
ARTICLE 11 - Intellectual property
The website content is the property of the Contractor and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a copyright infringement.
In addition, the Provider retains ownership of all intellectual property rights to the designs, drawings, models, prototypes, etc., carried out (even at the request of the Client) for the provision of services to the Client. Therefore the Customer must refrain from any reproduction or use of such studies, drawings, models and prototypes, etc., without the express and written consent of the Provider who can condition it to financial compensation.
ARTICLE 12 - Applicable law - Language
Under express agreement between the parties, this agreement is governed by and subject to French law. It is written in French. In the case where it is translated into one or several languages, the French text will prevail in case of dispute.
ARTICLE 13 - Disputes
ALL DISPUTES WHICH MAY GIVE RISE THIS AGREEMENT, REGARDING ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION OR ITS TERMINATION, AND THEIR CONSEQUENCES WILL BE SUBJECT TO JURISDICTION IN TERMS OF LAW.
ARTICLE 14 - Evidence
It is expressly agreed that the data contained in the information systems of `Just’in Paris` have probative value as for orders, requests, and anything else relating to the use of the website `www.justinparis.com` They may be validly produced as evidence as well as any written document.
Article 15 - Compensation for recovery costs
In accordance with the law n° 2012-387 of 22 March 2012 on the simplification of the law and administrative relief, any professional in a situation of late payment has the right to seek from the debtor a lump sum of €40 for recovery costs, on top of late penalties.
ARTICLE 16 - Acceptance of the Client
The fact that a person (or entity) places an order on the Provider’s website implies full acceptance of these Terms and Conditions, which is expressly recognized by the Purchaser, who renounces, in particular, to cite any contradictory document, which would be unenforceable by the Provider.