TERMS AND CONDITIONS
Article 1 - OBJET
These general sales conditions, hereafter referred to as Terms and 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 and 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.
APOTEOSURPRISE's Terms and Conditions may be modified as APOTEOSURPRISE's activity changes and develops. The applicable Terms and 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 website proposeinparis.com constitute the Client's total adherence to the Terms and Conditions and the Client's definitive and irrevocable acceptation of the total of their dispositions. Any exemptions to the Terms and Conditions must be agreed upon in writing.
As a result, the Client acknowledges being perfectly aware of the fact that his agreement to the entirety of the Terms and Conditions does not require a written signature on this document, the ordering process being entirely automated.
The proposeinparis.com website 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 does the payment of the Event booked. The order confirmation e-mail sent to the Client once the payment made has the equivalent value between the Parties to a written signature.
After the payment is made, the Client receives an email acknowledging the receipt of his order and confirming the recording of the Client's order.
Article 2 - EVENTS
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 the only date considered in any case of cancellation by the Client.
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 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 confirmation e-mail will indicate the location where the Client must present himself in order to participate in the Events. The day of the Event, the absence of the Client at the given location, 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 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 once the Event paid, the absence of the person at that specific address in the time slot indicated by the Client 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 has to accept the Event. The Client must check, before ordering the Event, if the 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 by the Client once the booking done. The Client, when booking the Event, will indicate his 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 category.
The Client acknowledges that APOTEOSURPRISE has drawn his 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 the company PayBox Services. 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 by APOTEOSURPRISE.
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 bank transfer or by credit card in one go and for the total amount.
The versed sums by the Client to APOTEOSURPRISE are never be considered as deposits or advances.
The Client guarantees APOTEOSURPRISE that he holds the necessary authorizations to make a bank transfer or a Credit Card payment.
APOTEOSURPRISE reserves the right to refuse to honor an order made by a Client with whom a payment dispute currently exists.
In the case where the payment is shown to be irregular, incomplete or nonexistent, for whatever reason, APOTEOSURPRISE has the right to consider that the Client has cancelled his 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 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 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.
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 fees:
- 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 and 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 Paris as part of a travel package, it is up to the Client to sign, at his 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 authorization 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 vehicle caused by the Client, and especially in the event of presence of human liquids in the vehicle, a flat fee of three hundred (300) euros will be immediately 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 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 "experience 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 the event of a cancellation of the Event, notably as a result of bad weather conditions, the Client will be informed, by telephone, on the number indicated when he placed the order, 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 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 favorable 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 Client when he placed the order.
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 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 e-mail confirming his order.
Article 14 - INTELLECTUAL PROPERTY
APOTEOSURPRISE is a registered trade mark.
All the brand names, logos, drawings, photos, animations, texts, concepts and events which appear on the website www.proposeinparis.com are the exclusive property of ApoteoSurprise.
Any total or partial reproduction of the brand names, logos, drawings, photos, animations, texts, concepts and events 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
The information seized is intended for APOTEOSURPRISE. This information is used to manage, secure and validate the Client's order.
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 firstname.lastname@example.org or by writing to the following address: APOTEOSURPRISE, 101 rue de Sèvres, 75006 Paris (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 and Conditions are subject to French law.
Article 17 - TERM
The Terms and Conditions are applicable during the entire period that the services offered by APOTEOSURPRISE are published online.
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 101 rue de Sèvres 75006 Paris (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: September 3, 2019