These general sales conditions, hereafter referred to as
Terms & Conditions, are agreed on by the firm: APOTEOSURPRISE,
hereafter referred to as APOTEOSURPRISE, and the person who
wishes to make a purchase via APOTEOSURPRISE's website proposeinparis.com,
hereafter referred to as the Client. APOTEOSURPRISE and the
Client are referred to together as the Parties.
The Terms & Conditions define the Parties' rights and obligations
in terms of the online sale of romantic events, hereafter
called Events. The Parties agree that their relations are
exclusively governed by the Terms & Conditions and the order
form completed by the Client on the website proposeinparis.com,
order form hereafter called Order Form.
APOTEOSURPRISE's Terms & Conditions may be modified as APOTEOSURPRISE's
activity changes and develops. The applicable Terms & Conditions
for each order are those which were in force at the time the
Event was ordered.
All purchases of an Event which appears on the online boutique
on the website proposeinparis.com constitute the Client's
total adherence to the Terms & Conditions and the Client's
definitive and irrevocable acceptation of the total of their
dispositions. Any exemptions to the Terms & Conditions must
be agreed upon in writing.
As a result, the Client acknowledges being perfectly aware
of the fact that his/her agreement to the entirety of the
Terms & Conditions does not require a written signature on
this document, the ordering process being entirely automated.
The proposeinparis.com boutique is dedicated to informing
the Client of the contents of APOTEOSURPRISE's Events, the
price, modes of payment and the conditions of cancellation
and modification of the contract, prior to the Client's order.
An order made by the Client via the website proposeinparis.com
engages the Client from the moment he/she confirms his/her
order by clicking on the "confirm" button on the Order Form.
The click on the "confirm" button associated with the certification
procedure and the protection of the entirety of the messages
constitute an electronic signature. This electronic signature
has the equivalent value between the Parties to a written
signature. The confirmation of an order cannot be effectuated
if the Client does not cross the box asking the Client to
confirm that he/she fully accepts the Terms & Conditions.
After the online order is made, the Client will receive an
email acknowledging the receipt of his/her order and confirming
the recording of the Client's order.
Article 2 - PRESTATIONS
The Event chosen by the Client is described in the description
of the Event available on the website proposeinparis.com.
The date chosen by the Client for the Event is indicated
in the Order Form; in any case of cancellation by the Client,
the only Event date considered will be this Event date indicated
in the Order Form.
The documents associated with the Events presented on the
website such as the descriptions, data sheets, photographs,
videos, drawings and all other forms of information are
not contractual, and are purely indicative and non binding
for APOTEOSURPRISE. The incorrect or incomplete character
of the supplied information on the website will not place
in the validity of an order made by a Client on the website.
The Event can only be offered to Client located in one
of the following French departments on the day the Event
is to be realized: Paris (75), Hauts-de-Seine (92), Seine-Saint-Denis
(93), Val-de-Marne (94). The majority of the Events involves
the intervention of a chauffeured vehicle; for these Events,
if, on the day of the Event, (i) the Client is not located
in one of the above mentioned French departments and (ii)
if the Client is not located at the address indicated in
the Order Form in the time slot indicated in the description
page of the Event, it will not be possible for the Event
to take place. In the event of this situation, the order
will be considered cancelled less than fourteen (14) days before
the date of the Event and will incur the subsequent consequences
described below in article 6.
For the Events which do not involve the intervention of
a chauffeured vehicle, but which involves that the Client
goes to a specific location, the order voucher will indicate
the location where the Client must present him/herself in
order to participate in the Events. The day of the Event,
the absence of the Client at the given location will be
considered as a cancellation of the order less than fourteen (14) days before the date of the Event and will incur the
subsequent consequences described below in article 6.
For the Events which do not involve the intervention of
a chauffeured vehicle, but which involve that a specific
person is present at the address indicated by the Client
in the Order Form, the absence of the person at that specific
address in the time slot indicated in the description page
of the Event will be considered as a cancellation of the
order less than fourteen (14) days before the date of the
Event and will incur the subsequent consequences described
below in article 6.
For the Event "Say I love you in a world of tenderness",
the Client's place of residence have to accept the Event.
The Client must check, before booking the Event, if his
place of residence accepts the Event. If, on the day of
the Event, the Client's place of residence refuses the Event,
it will be not be possible for the Event to take place.
In the event of this situation, the order will be considered
cancelled less than fourteen (14) days before the date of
the Event and will incur the subsequent consequences described
below in article 6.
For each Event involving the intervention of a chauffeured
vehicle, the chauffeur will present himself at the Client's
place of residence which will have been previously indicated
to APOTEOSURPRISE in the Order Form. The Order Form will
also indicate the Client's telephone details on the day
that the Event is to take place. It is imperative that the
Client can be able to be reached on this telephone number
on the day that the Event is to take place. If the vehicle
which is described in the Event's description is not available,
APOTEOSURPRISE reserves the right to replace it however
uniquely with a vehicle from the equivalent or a superior
When it is indicated on the website proposeinparis.com
in regards to an Event ordered by the Client, by pictograms
on the right of the Event's description, that the Client
must send to APOTEOSURPRISE elements which are necessary
in order to prepare the Event ( a photo, a menu choice,
a song choice, etc.), those elements must be received by
APOTEOSURPRISE without fail a maximum of five (5) days before
the date of the Event.
The Client acknowledges that APOTEOSURPRISE has draw his/her
attention to the precautions to be taken for the implementation
of the presented Events.
Article 3 - PRICE
The price of an Event is quoted in euros including taxes
(at the rate of 20% French Value Added Tax) and per Event,
and is not binding before the date that the confirmation
of an order is sent by the Client. The price includes the
participation of two (2) people to the Event. If the Client
wishes for more than two (2) people to take part in the
Event, the Client must inform APOTEOSURPRISE in so as it
can confirm this possibility or not and indicate the applicable
price in accordance to the number of participants.
The price of each Event does not include any service not
expressly included in the description of the Event.
Article 4 - PAYMENT
The payment by the Client is made in a highly secure environment
via the SSL protocol and in accordance with the technical
infrastructure of PayBox. All information regarding the Client's
credit card is securely encrypted and cannot be intercepted
by third parties. The credit card numbers will never be transmitted
via the Internet network and are never known or conserved
Access to payment is made by the Client after he/she has
filled out the Order Form. The Order Form contains a certain
number of fields to be filled out, these fields varying according
to the nature of the chosen Event.
Payment of the order must be made in euros. The possible
bank fees charged by the Client's banking institution to make
this payment in euros, in the event where the Client's account
is not denominated in euros, is entirely the Client's responsibility.
The order is definitive if and only if the payment for the
Event is made by credit card in one go and for the total amount.
The versed sums are never be considered as deposits or advances.
The Client guarantees APOTEOSURPRISE that he/she holds the
necessary authorizations to make a credit card payment when
the Client confirms the Order Form.
APOTEOSURPRISE reserves, in particular, the right to refuse
to honor an order made by a Client with whom a payment dispute
In the case where the payment is shown to be irregular, incomplete
or inexistent, for whatever reason, APOTEOSURPRISE has the
right to consider that the Client has cancelled his/her reservation,
the ensuing costs being the Client's responsibility. In all
cases the Client remains responsible for the payment of the
amount agreed payable for the ordered Event.
The notification of the credit card number is not considered
as payment of the debt until the APOTEOSURPRISE's bank has
confirmed the receipt of the transfer.
APOTEOSURPRISE recommends that the Client keep a physical
track of the data relative to his/her order.
Article 5 - MODIFICATION BY THE CLIENT
The Events voluntarily modified by the Client during the
execution of the Events are subject to the service providers'
financial conditions. The extras that are not expressly mentioned
in the description of the Event and the supplementary services
generating an additional cost must be directly paid by the
Client to the providers, given that the Client cannot at any
stage hold APOTEOSURPRISE responsible.
Article 6 - CANCELLATION BY THE CLIENT
APOTEOSURPRISE must be notified by certified mail with delivery
confirmation or telegram of any cancellation. When the cancellation
notification is sent by certified mail with delivery confirmation,
the date of the delivery confirmation will be accepted as
the cancellation date for the calculation of the cancellation
fees. When the cancellation notification is sent by telegram,
the date that the telegram is received will be considered
as the cancellation date for the calculation of the cancellation
Any total or partial cancellation made by the Client will
result in the reimbursement of the amount paid by the Client
for the Event minus the following progressive cancellation
- Cancellation more than 61 days before the Event: 25 % of
the total amount.
- Cancellation between 31 and 60 days before the Event: 50
% of the total amount.
- Cancellation between 15 and 30 days before the Event: 75
% of the total amount.
- Cancellation less than 14 days before the Event or no show:
100 % of the total amount.
With the exception of the cases outlined in the Terms &
Conditions, no unilateral cancellation of an order is possible
without APOTEOSURPRISE's written agreement.
Article 7 - INSURANCES
In appliance with current legislation, APOTEOSURPRISE is
the holder of civil liability insurance subscribed by Hiscox
under the contract No. RCP0230415.
If the Client is in France as part of a travel package,
it is up to the Client to sign, at his/her own expense, the
optional insurances such as those for repatriation assistance
search and emergency assistance, medical care, cancellation
insurance and luggage insurance. These insurances can be contracted
with the insurer of the Client's choice or with the travel
agent who is organizing the Client's trip.
Article 8 - MINORS
APOTEOSURPRISE acknowledges that in accordance to Article
1124 of the French Civil Code, non emancipated minors do not
have the power to enter into contracts. Consequently, orders
intended for minors require the authorisation by a parent
or a legal guardian.
Article 9 - RESPONSABILITIES
The personal effects of the Client which are exposed during
the Event are in no case insured by APOTEOSURPRISE. APOTEOSURPRISE
may not be held responsible for damages of any nature, in
particular fire or theft, that occur to personal objects found
at the scene(s) where and at the time when an Event ordered
through APOTEOSURPRISE takes place.
The creation and assembly of the Events implies the selection
of service providers, the management on behalf of the Client
of the options and reservations, the supply of the entirety
of the Events, and the permanent quality control of them.
The ordered Event is subject to the private regulations specific
to the service providers sector(s) of activities, and these
service providers are the Clients' guarantors as for APOTEOSURPRISE.
In the event of any damages or injuries that the Client undergoes
during the realization of the Event, APOTEOSURPRISE will place
all of the names and contact details of the service providers
involved in the realization of the Event at the Client's disposition,
so that the Client can do any desired recourse directly against
these service providers.
In case of stain and/or deterioration of a vehicile caused
by the Client, and especially in the event of presence of
human liquids (vomits, urine, etc.) in the vehicule, a flat
fee of three hundred (300) euros will be immediatly charged
and due to the supplier which suffered damages.
Article 10 - AVAILABILITY OF THE EVENTS
The Events are subject to the availability at the time the
order is placed.
The website proposeinparis.com allows the Client, before
placing any order, to learn the availability of an Event for
a given date by accessing a calendar displaying the availability
of the Event after having clicked on the "order now" button
available in the Event's description. No guarantee is possible
that the availability of an Event for a given time and date
is assured. The availability of an Event at a given date is
provided for information only and does not invest responsibility
The Events sold on the website proposeinparis.com are by
nature entities which are available in limited numbers. Given
that an Event is private and mobilizes a determining number
of service providers, it is usual that only one Client may
benefit from the Event on a given day. The first Client having
ordered the Event that has been agreed to be held on a certain
date will be the only Client who can benefit of this Event
at the given date. No guarantee is possible that the availability
of an Event for a given date is assured. APOTEOSURPRISE will
not be liable for the unavailability of an Event and this
does not give Clients the right to claim damages.
APOTEOSURPRISE is committed to honor any order within the
limits of its stocks or production capabilities.
Article 11 - FORCE MAJEURE
Certain Events may be modified or even cancelled in the event
of unfavorable weather conditions. For the Events that may
be modified or cancelled in the event of unfavorable weather
conditions, the website proposeinparis.com indicates on the
Event's description the mention "scenario depending on weather
conditions". This mention is purely indicative and has no
scientific or contractual value.
If, in case of unfavorable weather conditions, APOTEOSURPRISE
or one of its service providers cannot realize the Event on
the scheduled date, APOTEOSURPRISE commits itself to either,
depending on the Client's wishes, (i) propose at no extra
cost the rescheduling of the Event to a later date which must
be agreed upon by the Client, APOTEOSURPRISE and APOTEOSURPRISE's
service providers or (ii) refund within seventy two (72) hours
that follow the cancellation date the amount paid by the Client
with the subtraction of a fixed amount of seven hundred fifty
(750) euros corresponding to the committed expenses of APOTEOSURPRISE
for the Event cancelled; this amount of seven hundred fifty
(750) euros being definitely hold by APOTEOSURPRISE. In case
of cancellation of the Event "Say I love you in a hot
air balloon" due to unfavorable weather conditions, the
Event will be not rescheduled, and the amount hold by APOTEOSURPRISE
will be egual to one thousand two hundred fifty (1250) euros;
this amount of one thousand two hundred fifty (1250) euros
being definitely hold by APOTEOSURPRISE. In case of cancellation
of the Event "Say I love you on the wings of an airplane",
the Event will be not rescheduled, and the amount hold by
APOTEOSURPRISE will be egual to two thousands two hundred
fifty (2250) euros; this amount of two thousands two hundred
fifty (2250) euros being definitely hold by APOTEOSURPRISE.
In the event of a cancellation, notably as a result of bad
weather conditions, the Client will be informed, by telephone,
on the number indicated on his/her Order Form, no less than
thirty (30) minutes before the earliest hour of the time slot
indicated in the Event's description. In this case, the Client
cannot claim any indemnity other than the free rescheduling
of the Event to a later day or the reimbursement of his/her
order with a subtraction of a fixed amount.
The Event can be cancelled due to cases of force majeure
which may place people in danger. The following cases are
expressively considered as cases of force majeure, in addition
to those usually deemed as such under the jurisprudence of
French courts and tribunals: the blocking of means of transport
or supplies, the bankruptcy of one of the service providers
involved in the Event organization, wars, political unrest,
earthquakes, fires, storms, floods, thunder.
APOTEOSURPRISE reserves the right to modify the planned times
of the Event if it is considered that the Client's security
cannot be insured, and this without the Client being able
to claim any indemnity other than a free rescheduling of the
Event at another date or a refund of the amount paid with
the subtraction of a fixed amount corresponding to the committed
expenses of APOTEOSURPRISE for the Event initially planned.
The Client has been informed that the running of the ordered
Event may be subjected to modifications due to either an event
independent beyond the control of APOTEOSURPRISE, or decisions
made by the competent authorities concerned.
In the event of a failure or a technical malfunction of the
light board of the Event "Say I love you in a limousine",
a failure beyond the control of ApoteoSurprise, the amount
of one hundred (100) euros will be refunded to the Client
within ten (10) days following the date of the Event.
In case of geographical location, in urban area, not allowing
to the dove of the Event "Say I love you with a dove"
to fly in favourable security conditions (risks of injuries
or loss of the animal), the dove will be directly released
by the dove fancier himself in a clear area other than the
address given by the lclient in the Order Forme.
Article 12 - PROOF
The computerized registers kept within APOTEOSURPRISE's computer
systems in reasonable security conditions will be considered
as proof of communications, orders and payments intervened
between the Parties.
The archiving of order information and exchanges between
the Parties is done using a reliable and durable support so
as to correspond to a faithful and durable copy in accordance
with Article 1348 of the French Civil Code.
Article 13 - COMPLAINTS
All complaints regarding the non-execution or bad execution
of an Event must be indicated to APOTEOSURPRISE by telegram
or certified mail with delivery confirmation within a delay
of fifteen (15) days after the date that the Event took place,
accompanied by the potential pieces of evidence. After this
delay, no complaint will be able to be considered.
In the case of an emergency or major problem with the execution
of the Event, the Client is expected to report this to APOTEOSURPRISE
as quickly as possible by calling the telephone number which
will have been indicated to the Client in the email confirming
Article 14 - INTELLECTUAL PROPERTY
APOTEOSURPRISE is a registered trade mark.
All the brand names, logos, brand names, drawings, photos,
animations, texts, concepts and scenarios which appear on
the website www.proposeinparis.com are the exclusive property
Any total or partial reproduction of the brand names, logos,
drawings, photos, animations, texts, concepts and scenarios
which appear on the website www.proposeinparis.com, in any
form, by commercial firms, non-profit organizations or charitable
organizations, is strictly forbidden without the consent of
the owners of the trademarks or rights attached.
Article 15 - DATA PROTECTION AND CIVIL LIBERTIES
All requested information not marked as "optional", on the
Order Form, is required in order to manage the Client's order.
The failure to supply optional data will not effect the Client's
The information seized is intended for APOTEOSURPRISE. This
information is used to manage, secure and validate the Client's
The information communicated by the Client when placing an
order will not be passed on to any third parties with the
exception of the service providers taking care of the execution
of the ordered Event. This information will be considered
by APOTEOSURPRISE and its service providers as confidential.
In accordance with Article 34 of the French Data Protection
Act No.78-17 dated January 6, 1978, the Client have a right
to request access to, correct, modify or delete its personal
data by simple request. The Client may exercise this right
by sending an e-mail to email@example.com or by writing
to the following address: APOTEOSURPRISE, 58 avenue des Frênes,
77144 Montévrain (France).
The automated processing of personal information on the website
www.proposeinparis.com has been declared to the French National
Commission for Data Protection and the Liberties (CNIL) under
the number 1097794.
Article 16 - APPLICABLE LAW
The Terms & Conditions are subject to French law.
Article 17 - TERM
The Terms & Conditions are applicable during the entire period
that the services offered by APOTEOSURPRISE are published
Article 18 - DISCLAIMER
The website proposeinparis.com is an APOTEOSURPRISE publication.
APOTEOSURPRISE is a Limited Liability Firm (SARL) with a
paid up capital of 10,000 euros registered with the Trade
and Company Register (RCS) in Meaux under the number 482 226
909 and with a head office situated at the 58 avenue des Frênes
77144 Montévrain (France).
APOTEOSURPRISE is covered for civil responsibility by the
insurance firm Hiscox for up to 8,000,000 euros under the
contract No. HA RCP0230415.
Last updated: April 17, 2013
This page is an English translation of the official Conditions
de Vente and is provided for indicative purpose only.
Only the French official Conditions
de Vente are legally valuable.