BETWEEN
Paradis Latin, a limited company with a capital of 50,120 euros, having its registered office at 28 rue du Cardinal Lemoine (75005), registered in the Paris Trade and Companies Register under the number 310338180, whose contact details are as follows: Tel: 0143252828 - Email: paradislatin@paradislatin.com, represented by Mr. Walter BUTLER, in his capacity as President and Director of the publication of this website (hereinafter "the Website"), hosted by the company AlwaysData, whose coordinates are as follows: 91, rue du Faubourg Saint-Honoré – 75008 PARIS - tel: 01 84 16 23 40, duly empowered for the purposes of the present;
Hereinafter referred to as the "Provider",
AND
Any consumer or professional customer using the services of the Provider and placing an order with it under the conditions specified below;
Hereinafter referred to as the "Client",
Hereinafter jointly referred to as the "Parties",
******
The following is a reminder of the foregoing;
Preamble
The present general terms and conditions of sale have been established in accordance with articles L111-1 to L111-8 of the French Consumer Code and articles L441-1 and L441-2 of the French Commercial Code. The purpose of these terms and conditions is to govern the commercial relationship between the Provider and the Client, whether the latter is a consumer or a professional, and to determine the rights and obligations of the Parties to this contract.
Any order for services implies the Client's unreserved acceptance of these terms and conditions of sale. None of the clauses on the order forms or on the correspondence initiated by the Client may, therefore, derogate from them, unless otherwise agreed in writing between the Parties. The present general terms and conditions of sale may be supplemented by general terms and conditions for specific categories under the conditions provided for by the regulations in force. It is further agreed that these general terms and conditions of sale are subject to change at the Provider's initiative, without notice. Thus, it is the Client's responsibility to regularly consult these terms and conditions of sale in order to be informed of any changes and/or modifications that may occur.
This having been explained, it is agreed as follows;
ARTICLE 1 - Offers of Services
The services offered for sale on the Website www.paradislatin.com are the following:
* - The sale of tickets for shows; and
* - The sale of gift vouchers.
ARTICLE 2 - Orders
It is up to the Client to select on the Website www.paradislatin.com the services he/she wishes to order, according to the following terms:
* • Purchase process of a show (tickets only, dinner shows, champagne reviews and lunch shows):
* - Choose the type of show;
* - Choose the number of participants;
* - Choose the date;
* - Choose a time;
* - If applicable, add the options available for the selected product (drink, photo, etc.);
* - If necessary, add a voucher or a promotional code;
* - Fill in the Client's contact information;
* - Accept the general terms and conditions of sale, validate and proceed to payment.
* • Purchase process of a gift voucher:
* - Choose the type of show;
* - Choose the number of participants;
* - If necessary, add a voucher or a promotional code;
* - Fill in the recipient's contact information;
* - Fill in the Client's contact information;
* - Accept the general terms and conditions of sale, validate and proceed to payment.
The offers of services are valid as long as they are visible on the Website, within the limits of available stocks.
Except in exceptional cases, the sale will be considered final only after the Provider has sent the Client a confirmation of the acceptance of the order by e-mail mentioning the reservation number and after the Provider has received the full price.
The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can follow the progress of his order on the Website www.paradislatin.com.
The Provider reserves the right to refuse orders of the same service in large quantities.
All services can be purchased directly in the form of a gift voucher mentioning a date and a time.
For all services, the purchase can be made either directly in the store or on the Website www.paradislatin.com.
ARTICLE 3 - Characteristics of the prices charged
The prices of the services are those restrictively described on the Website www.paradislatin.com at the date of the order.
The prices of the services are prices including VAT but excluding processing and shipping costs. Any change in the VAT rate may be reflected in the price of the services.
The prices take into account any discounts that may be granted by the Provider on the Website www.paradislatin.com.
The Provider reserves the right to modify its prices at any time, without prior notice, it being understood that the price indicated on the Website www.paradislatin.com on the day of the order will be the only one applicable to the Client.
The amount must be paid in full and in one go on the day of the order, whether for the purchase of tickets for shows or gift voucher.
An invoice is established by the Provider and given to the Client upon receipt of payment.
ARTICLE 4 - Terms of payment
The price is due at the time of the order. Payments will be made at the Client's choice by credit card on the Website www.paradislatin.com, by check or PayPal.
The bank cards accepted by the Provider are those that are most commonly used (Carte Bleue, Visa, MasterCard, and American Express, issued by a banking institution). The communication by the Client of his bank card identifiers is equivalent to an authorization to debit his account for the amount of the order. Any transmission of information related to the payment is done in a secure context, using the protocols in force specific to the server of the payment provider chosen by the Provider.
Orders will be validated and processed, after acceptance of payment, by the banking centers concerned (for payments by credit card, visa, Eurocard, Mastercard).
The Client guarantees the Provider that he/she has the necessary authorizations to use the payment method he/she has chosen for his/her order, at the time of the order registration.
Penalties of an amount equal to the legal interest rate plus five (5) points are automatically applicable to unpaid amounts at the end of a period of fifteen (15) days following the date of payment or upon notification of rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of late payment or partial payment of a previous order, notwithstanding the provisions hereof.
ARTICLE 5 - Provision of services
It is advisable to print your reservation. It will be used as a counterfoil instead of the ticket which will be collected, in exchange for it, at the entrance of the hall fifteen (15) minutes before the beginning of the Event. The withdrawal can only be made upon presentation of the bank card used for payment and the identity card of the bearer.
The services ordered by the Client are provided, if possible, on the date indicated and selected by the Client.
If this is not possible, the Provider may propose another date at its discretion.
In the event of a change of date, time or place of a show for which the Customer has reserved tickets, the Customer agrees that Le Paradis Latin may use the contact information entered at the time of reservation to inform him of the procedure to follow.
In any event, the Customer must check by telephone on 0143252828 twenty-four (24) hours before the show, that the show is being held without modification.
ARTICLE 6 - Right of withdrawal benefiting the individual Buyer
In accordance with the provisions of Articles L.221-28, 12° of the French Consumer Code, the Client does not have a fourteen (14) day withdrawal period from the Provider.
The services purchased will therefore be definitively concluded as soon as the Client places the order according to the terms and conditions specified in these General Terms and Conditions of Sale.
The ticket issued for the service cannot be taken back, refunded or exchanged.
ARTICLE 7 - Guarantees and liability
Le Paradis Latin will not be responsible in case of failure or delay in the provision of the services ordered, due to a case of force majeure.
The services provided through the Website www.paradislatin.com of the Provider are in accordance with the regulations in force in France.
No claim may be made regarding the allocation of seats in the room.
In case of cancellation of the Event by the Customer, the price paid for the ticket will be retained by Le Paradis Latin.
In case of cancellation of the Event by Le Paradis Latin, requests for modification or refund must be sent to the following email address: paradislatin@paradislatin.com no later than six (6) months after the date on which the cancelled Event was to take place.
For gift vouchers that are valid for one (1) year from the date of purchase, no refund can be requested. However, gift certificates are not nominative and can be transferred or offered.
The Provider declines all responsibility for any damage caused by the use of its Website. In the event that the liability of the Provider is proven, the damage suffered by the Client is limited to the amount of the order placed and paid by the Client to the Provider.
In any case, the Provider shall not be liable in case of an accident if the Client has not respected the safety instructions.
ARTICLE 8 - Personal data and conditions of use of the Website
The personal data provided to the company Le Paradis Latin by the Client are intended for the proper execution of orders, improving the quality of services offered and the management of its commercial relations. The Client agrees to the use of his data by Le Paradis Latin for the above purposes. In accordance with the regulations applicable to the protection of personal data, the Client has a right of access, rectification, deletion and opposition on the personal data concerning him/her, which he/she can exercise by writing to the following address: paradislatin@paradislatin.com or by mail to the following address: 28 rue du Cardinal Lemoine in Paris (75005).
The information collected resulting from the use of the Website www.paradislatin.com (navigation and connection data), are necessary to respond to requests, and are intended exclusively for Le Paradis Latin, responsible for processing, for administrative and commercial management.
They may allow Le Paradis Latin to send to the Client, through emails in particular, commercial proposals concerning its services, and this in compliance with legal and contractual provisions. The Client may, at any time, indicate that he/she no longer wishes to receive such messages, by contacting Le Paradis Latin directly.
Any information, including a copy of the personal data collected or generated prior to, during, or as a result of this processing, may be communicated to persons exercising their right of access. A copy of the personal data is delivered free of charge to the Client, provided that such a request is not manifestly abusive, in particular by its repetitive or systematic nature. The Client may exercise his right of access, rectification or deletion of his collected data or oppose the use of such data for commercial prospecting purposes, under the conditions provided for in the French amended law 78-17 of January 6, 1978 relating to data processing, files and freedoms by making a request directly to Le Paradis Latin.
The information relating to all orders are stored and archived for a period of 10 years maximum and can be used as evidence in case of dispute.
The traffic data and cookie files, when users consent, that the Website automatically implants on their computers, are intended to recognize the user of the Website on a future visit and thus customize the Website on behalf of the latter, to secure the transactions that Le Paradis Latin may be required to perform, to temporarily store the services he/she wants to order, until the transaction and to allow Le Paradis Latin to conduct analysis of traffic on the information pages of the Website in order to improve its content.
The data relating to the navigation of the users are not used by name; they are aggregated statistics allowing to know the most and least consulted pages, the preferred paths, the levels of activity per day of the week and per hour of the day, the main technical or server errors. Le Paradis Latin informs the Client that he/she can oppose the registration of cookies by configuring his browser in private life or confidentiality mode.
Le Paradis Latin informs the Client that to exercise his rights, he can contact the CNIL at the following address CNIL - Service des Plaintes - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
ARTICLE 9 - Intellectual property rights
The content of the Website www.paradislatin.com (photographs, presentations, studies, drawings, models, prototypes, etc.) is the property of the Provider and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
ARTICLE 10 - Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous or dangerous performance may request a renegotiation of the contract from its co-contractor.
ARTICLE 11- Force majeure
The performance of the Provider's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent the performance of the contract. The Provider shall notify the Client of the occurrence of such an event as soon as possible.
The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
ARTICLE 12 - Applicable law and attribution of jurisdiction
The French law is the only one applicable to the present general conditions of sale, as well as to all the services which are aimed there.
In case of dispute arising from the contract, any difference related to its interpretation, its execution or its validity, and possibly after an attempt to find an amicable solution, will be subject to the exclusive jurisdiction of the competent French courts.
The Client is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption in the event of dispute (C. cons. art. L 612-1).
ARTICLE 13 - Acceptance of the General Terms and Conditions of Sale
The Client must have read these general terms and conditions of sale before placing an order and validating the contract and, consequently, is deemed to have accepted them in their entirety and without reservation. The provisions of these general terms and conditions of sale cannot be modified by contrary stipulations without the express written consent of the company Le Paradis Latin. Le Paradis Latin reserves the right to modify, update or rectify the present general terms and conditions of sale, if necessary, in order to take into account a legislative, regulatory, jurisprudential and/or technical evolution.
The present general terms and conditions of sale are deemed to have been read, understood and accepted in their entirety by the Client.