GENERAL TERMS AND CONDITIONS OF SALE AND USE

/GENERAL TERMS AND CONDITIONS OF SALE AND USE
GENERAL TERMS AND CONDITIONS OF SALE AND USE 2019-09-25T11:50:27+02:00

I. SCOPE:

1.1 The company PREMIUM CONCIERGERIE (hereinafter “PREMIUM CONCIERGERIE”) offers to its Clients (hereinafter referred to collectively as “Members” or individually as “Member”) private concierge services under a “Subscription” contract, according to 3 packages chosen by the Members and whose characteristics are defined in Article IV hereof. In this context, as an intermediary, it connects its Members with product suppliers or service provider partners (hereinafter referred to as “Partners”). These General Terms and Conditions of Sale and Use, which define the rights and obligations of PREMIUM CONCIERGERIE and its Members, apply to all Subscriptions, regardless of the chosen package, subject to their specific characteristics.
1.2 In accordance with current regulations, these General Terms and Conditions of Sale and Use shall be systematically communicated to any Member upon their membership, or at any time upon request, or upon any modification.

II. – CONDITION OF ACCESS TO SERVICES:

2.1 The private concierge services provided by PREMIUM CONCIERGERIE are reserved for the Member and their spouse. To accept these General Terms and Conditions of Sale and Use, the Member must be at least 18 years old and have the legal capacity to enter into contracts.
2.2 Any registration, request or order placed, directly or indirectly, by any medium whatsoever (telephone, mail, internet, fax, SMS, instant messenger, etc.) with the concierge services operated by PREMIUM CONCIERGERIE implies the unreserved acceptance of these General Terms and Conditions of Sale and Use, which shall prevail over all other conditions, with the exception of those which have been expressly accepted by PREMIUM CONCIERGERIE.
2.3 Each Member is responsible for their Subscription, which is strictly personal to them, and must take all necessary measures to prevent any person other than themselves or their spouse from using it in their name. Only the Member may benefit from an order placed with PREMIUM CONCIERGERIE; orders may only be transferred to a third party’s benefit with the express prior agreement of PREMIUM CONCIERGERIE and, as appropriate, the Partner.

III – TERMS OF MEMBERSHIP

3.1 Subscription applications are subject to acceptance by PREMIUM CONCIERGERIE. PREMIUM CONCIERGERIE reserves the right to refuse a Subscription application for just cause under the terms of Article L122-1 of the Consumer Code. PREMIUM CONCIERGERIE shall let the Member know if their Subscription has been accepted within 48 business hours of the application.
3.2 Each Member undertakes to provide PREMIUM CONCIERGERIE with accurate information at the time of joining. Failure to provide all information requested could delay the approval of membership. PREMIUM CONCIERGERIE accepts no liability for the consequences of any incomplete, incorrect or false information provided by the Member. Each Member must, voluntarily and spontaneously and as soon as possible, notify PREMIUM CONCIERGERIE of any changes in their personal data.

IV – SUBSCRIPTION PACKAGES

4.1 PREMIUM CONCIERGERIE offers THREE subscription packages strictly reserved for individuals. Each package entitles the Member to different levels of service: a) Subscription to the “Premium Infinite” offer entitles members, for one year starting from when it takes effect, to unlimited access to the private concierge services of PREMIUM CONCIERGERIE, six days per week, from 9:00 to 23:00, excluding public holidays. The “Premium Infinite” offer is tied to a 12-month commitment and costs €3,800, inclusive of all taxes. b) Subscription to the “Premium Black” offer entitles members, for one year starting from when it takes effect, to unlimited access to the private concierge services of PREMIUM CONCIERGERIE, 24 hours per day, seven days per week, excluding public holidays. It also entitles the member to have a dedicated Concierge and to enjoy exclusive invitations from PREMIUM CONCIERGERIE. The dedicated Concierge can travel to the Member’s office and/or home to discuss an important project, organise a dream trip or exceptional event or, more generally, discuss service proposals, and this is an unlimited service. The “Premium Black” offer is tied to a 12-month commitment and costs €4,800, inclusive of all taxes. c) Subscription to the “Premium Paris” offer entitles members to unlimited access to the private concierge services of PREMIUM CONCIERGERIE seven days per week, from 9:00 to 19:00, excluding public holidays. The “Premium Paris” Subscription costs €60, inclusive of all taxes, per day. This membership offer is only open to persons not resident in France and can be used for no more than 21 days.
4.2 PREMIUM CONCIERGERIE reserves the right to periodically revise the above rates, subject to informing its Members. In this case, an email notification shall be sent to Members 3 months before the new rate goes into effect.
4.3 Regardless which Subscription is chosen, it must be paid in one payment, at the time of membership, then every year on the anniversary date. Upon receipt of the payment, PREMIUM CONCIERGERIE shall inform the Member of the Subscription’s effective date by email. In addition, the Member shall, in the days following their Subscription’s effective date, receive a “PREMIUM CONCIERGERIE” membership card.
4.4 The aforementioned Subscriptions give access to the services of PREMIUM CONCIERGERIE and in no case constitute the full remuneration for these services. The Member is informed that PREMIUM CONCIERGERIE is also remunerated by commissions as a business provider to the Service Providers and may not in any capacity whatsoever and in any form whatsoever claim a benefit from these commissions. However, the Member can take advantage whenever possible of all the benefits negotiated by PREMIUM CONCIERGERIE with its Partners and which are reserved only for its Members, such as hotel upgrades, free breakfasts, freebies and discounts in wellness and fitness centres, VIP welcome, etc.
4.5 A “Premium Corporate” subscription package reserved for Professionals is subject to a specific contract.

V. – MEANS OF USING THE SERVICES:

5.1 As soon as their Subscription takes effect, the Member may send their requests by any means (telephone, email, SMS, fax, instant messenger, etc.). Requests thus sent by the Member shall be processed by PREMIUM CONCIERGERIE in its capacity as an intermediary between the Member and Partners. PREMIUM CONCIERGERIE performs the services with Partners in the name and on behalf of the Member under a power of attorney granted to PREMIUM CONCIERGERIE by the Member. The power of attorney granted to PREMIUM CONCIERGERIE is validated by the Member’s acceptance of these Terms and Conditions of Sale and Use, and applies to requests made to PREMIUM CONCIERGERIE by the Member and executed within the framework and in the manner stipulated herein.
5.2 Any service request (such as for jewellery purchases, car rentals and/or purchases, a private jet and/or boat, long hotel stays, private in-home chef, moving house, holiday packages, etc.) shall be subject to a price estimate submitted to the Member for approval, with the exception of dry transport services (taxis, private chauffeurs, train, airliner). However, the Member may, at any time, ask PREMIUM CONCIERGERIE for the price of a service, whatever it is. Expenses incurred with the various Partners shall be made in the name and on behalf of the Member.
5.3 Requests submitted to PREMIUM CONCIERGERIE must respect the law and general morals. PREMIUM CONCIERGERIE reserves the right not to respond to any request of an illegal nature or contrary to the law, decency and integrity. Access to concierge products and services may be subject to restrictions with regard to some persons or countries. PREMIUM CONCIERGERIE will not process any request that breaches the law in force in the country of performance.
5.4 Requests involving services or invoices in excess of €100 shall only be carried out with the Member’s written or verbal approval at the request of PREMIUM CONCIERGERIE. The Member therefore expressly agrees that electronic documents (email, SMS, recordings, messages, etc.) may serve as proof of their acceptance, in accordance with Article 1366 of the French Civil Code.
5.5 Orders submitted to PREMIUM CONCIERGERIE are understood to be contingent on the availability of Partners. In the event that a service is unavailable, PREMIUM CONCIERGERIE undertakes to make every effort to offer an equivalent service. In the event that the Member does not accept the equivalent service proposal, PREMIUM CONCIERGERIE shall cancel the request outright, without the Member being able to claim any compensation of any kind whatsoever for this reason.
5.6 PREMIUM CONCIERGERIE shall communicate with Partners on behalf of the Member. 5.7 Thanks to their Subscription, the Member has access to a large number of advantages and benefits negotiated with the Partners selected by PREMIUM CONCIERGERIE. Partners are nevertheless free to amend their Commercial Terms and Conditions at any time and PREMIUM CONCIERGERIE accepts no liability for changes made.

VI. – PAYMENT:

6.1 Products and services purchased from Partners shall be invoiced directly to the Member by PREMIUM CONCIERGERIE. The Member may ask and authorise PREMIUM CONCIERGERIE to use their payment card remotely to pay for a Partner’s product or service directly. Pursuant to Article L.132-2 of the Monetary and Financial Code, a commitment to pay given by means of a payment card is irrevocable. By providing the details of their bank card, the Member authorises the Supplier to debit their bank card at the proper time and at the pre-agreed rate. For this purpose, the Member confirms that they are the holder of the bank card to be debited and that the name on the card is actually theirs.
6.2 Approval by the Member of the proposal sent by PREMIUM CONCIERGERIE in response to their request equates to acceptance that the amount of the order will be debited from the Member’s payment card. The Member must ensure that the payment card’s details are correct and that they have funds available in their bank account to cover payment for the services and/or products ordered. In the event that it is impossible to debit the price, the sale shall immediately be rescinded by operation of law and the order cancelled.
6.3 Once the order is approved, the Member undertakes to pay for the ordered services and/or products upon receiving the invoice. In the event of late payment, PREMIUM CONCIERGERIE accepts no liability for changes in the availability or prices of ordered products and/or services.
6.4 In the event of late payment, penalties may be applied, either by PREMIUM CONCIERGERIE, at a 12% annual rate, calculated on a monthly basis, or by the Partner in question, on the basis of its own General Terms and Conditions of Sale and Use.
6.5 In the event that PREMIUM CONCIERGERIE is required to make an advance payment for an order for services or products, whatever they are, and for any reason whatsoever, in the name and on behalf of one of its Members, additional fees (corresponding to bank charges, credit card fees, insurance, management fees, processing fees) shall be applied to the order total excluding VAT. The Member undertakes to reimburse PREMIUM CONCIERGERIE, upon first request, the amount of the order as well as all costs incurred. The Member may at any time request how many fees have been charged to them.
6.6 In the event of non-payment of the Subscription and/or any other invoice within the agreed deadlines, PREMIUM CONCIERGERIE is entitled to send the Member a letter of formal notice to pay within 8 days of the initial submission of the registered letter with acknowledgment of receipt. If, despite this formal notice, the Member does not pay their Subscription and/or invoice, PREMIUM CONCIERGERIE may then terminate the Subscription without further formalities. This termination may not give rise to any request for reimbursement or payment of any compensation in favour of the outgoing Member. Should the Member fail to pay, their Subscription to PREMIUM CONCIERGERIE services shall be suspended as of the 9th day following said formal notice. As a result, the Member shall no longer have access to PREMIUM CONCIERGERIE’s services until full payment of the Subscription. Unpaid Subscription invoices shall remain due in full, and PREMIUM CONCIERGERIE reserves the right to take legal action against the Member by any legal means to obtain their payment and is entitled to demand, by way of penalty, an indemnity equal to 15% of the sums due, plus statutory interest and any legal fees.
6.7 In the event of failure to make use of the services relating to a Subscription, no reimbursement of the Subscription may be demanded.

VII. – SPECIAL SERVICES:

7.1 Shopping: At the Member’s request, PREMIUM CONCIERGERIE may make purchases in their name. In this case, shopping fees and shipping costs shall be applied.
7.2 Restaurants and Clubs: For some club and restaurant bookings, the Member authorises PREMIUM CONCIERGERIE to use their payment card to guarantee the bookings.
7.3 Ticketing: PREMIUM CONCIERGERIE undertakes to carry out its best efforts to satisfy the Member’s ticket requests for all events with its Partners. In the case where the event is sold out with traditional ticket outlets, PREMIUM CONCIERGERIE may call upon specialist suppliers. Consequently, the prices offered may change at any time and may differ from the face value stated on the tickets, owing to the additional cost of agency, handling and/or administration fees. Any confirmed booking request is firm and final. Consequently, booked seats cannot be cancelled, postponed, modified, exchanged, or reimbursed. The Member is required to check the date and time of the show or event, since the producer or organiser may change them without warning. PREMIUM CONCIERGERIE is not liable for tickets that are lost or sent to the wrong place by the postal service. Likewise, PREMIUM CONCIERGERIE cannot, under any circumstances, be held liable for the cancellation or postponement of a show or event. In the event of cancellation or postponement by the artist, producer or organiser, whatever the circumstances, PREMIUM CONCIERGERIE cannot be required to pay back the face value of the tickets, subject to reimbursement being obtained from the producer or organiser.
7.4 Taxis/Private Chauffeurs: In the event that the Member misses the appointment scheduled at the time of the order and, more generally, if the taxi or private chauffeur is not paid a fare because of the Member (“no fare”), the latter shall be liable for the amount of the fare, unless a more favourable agreement has been obtained by PREMIUM CONCIERGERIE with the Partner.

VIII – OBLIGATIONS OF PREMIUM CONCIERGERIE:

8.1 PREMIUM CONCIERGERIE undertakes to respond to the requests submitted by the Member, whatever they may be, in a minimum of time and undertakes to provide its advice in relation thereto.
8.2 PREMIUM CONCIERGERIE acts as an intermediary and takes responsibility for representing the Member in relations with Partners.
8.3 Owing to the very nature of its activity, PREMIUM CONCIERGERIE has an obligation in terms of means rather than results.

IX. – LIABILITY:

9.1 The Member acknowledges and accepts that PREMIUM CONCIERGERIE will act in accordance with the wishes expressed to it in the requests that they send. PREMIUM CONCIERGERIE therefore accepts no liability in the event of an error that originates with the Member in any way. PREMIUM CONCIERGERIE takes the utmost care in choosing and selecting its Partners. However, it may not be held liable for a Partner’s actions. PREMIUM CONCIERGERIE is authorised to cancel or reject any orders from Members with which there is a dispute.
9.2 PREMIUM CONCIERGERIE accepts no liability for non-performance of its obligations in the event of force majeure (civil unrest; transportation, communication or postal service strike; flood; fire; computer crash; etc.), as defined by the Civil Code and the courts.
9.3 Given its role as an intermediary, PREMIUM CONCIERGERIE may not be held liable for the total or partial non-performance of services ordered from Partners in the name and on behalf of the Member. In addition, PREMIUM CONCIERGERIE cannot, in accordance with legal provisions, guarantee the Member against any lack of compliance of the goods or any hidden defect, resulting from a flaw in designing or producing the goods supplied by a Partner and which render them unfit for the use for which they were intended. In the event of a claim of any nature, the Member shall contact the Partners in question directly.
9.4 In any event, the liability of PREMIUM CONCIERGERIE shall be limited to the total Subscription fees for the service at the time of the dispute.
9.5 In the event of failure to respect these General Terms and Conditions of Sale and Use, the Member may be held liable.

X. – CONFIDENTIALITY AND PERSONAL DATA PROTECTION:

The data collected at the time of registration is kept with the Member’s authorisation and shall be processed in accordance with the provisions of this Article and applicable legislation in this area. PREMIUM CONCIERGERIE undertakes to respect scrupulously the trust that its Members grant to it and to guarantee a strict confidentiality of information and data to which it has access within the context of performing its duties. In accordance with its ethics and morals, PREMIUM CONCIERGERIE protects any personal data that its Members may provide within the context of their Subscription. Such personal data is reserved for strictly internal use (management of orders, deliveries or invoicing; monitoring of solvency; and any form of internal market research or personalised advertising). In accordance with the law and the law and the requirements of the French Data Protection Authority (CNIL), PREMIUM CONCIERGERIE keeps this information under the statutory conditions (declaration number 1259523). The information is only available to the staff of PREMIUM CONCIERGERIE and is only used in relation to the purposes for which the Members provided it. In accordance with Article 27 of Law No. 78-17 of January 6, 1978, relating to information technology, data files and civil liberties, Members have a right to access, rectify, and oppose the processing of such data for a legitimate reason. These rights may be exercised by Members, proving their identity, by one of the following means: – by writing to the following address: 10, place Vendôme, 75001 PARIS; – by telephone at 01 70 37 59 00 (Monday to Saturday from 9 am to 9 pm and public holidays from 2 pm to 6 pm; closed on Sunday), non-surcharged call.

XI. DURATION

The Subscription has a duration of 12 months and is automatically renewed on each anniversary date of the Subscription for a duration of one year, until the Member ends their Subscription. The Member hereby accepts that, in the event of the tacit renewal of their membership, it shall be under the conditions in force on the date of this contract’s expiry, except when there is a special offer. By accepting the tacit renewal of their Subscription, the Member authorises PREMIUM CONCIERGERIE to debit the amount of the new Subscription from their account.

XII. – WITHDRAWAL, CANCELLATION, SUSPENSION

12.1 In accordance with the provisions of the Consumer Code, the Member has a period of fourteen (14) clear days to assert their right to withdraw from PREMIUM CONCIERGERIE, starting from the day after the Member receives confirmation from PREMIUM CONCIERGERIE that their Subscription has entered into effect. When the period of fourteen (14) days ends on a Saturday, Sunday, public holiday or non-working day, it shall be extended until the next business day. There is no need to give reasons when exercising the right to withdrawal and there is no charge, except, where applicable, the cost of returning documents and materials (gift set, card, brochure, etc.) already sent by PREMIUM CONCIERGERIE. Such withdrawal shall give rise to reimbursement of the Subscription that the Member has already paid.
12.2 PREMIUM CONCIERGERIE may cancel or suspend a Subscription on its own initiative, without prior notice, if the Member violates one or more of these General Terms and Conditions of Sale and Use, uses the Subscription in an abusive or fraudulent way, or adopts a behaviour that is prejudicial to the interests of PREMIUM CONCIERGERIE, such as the falsification of information provided to PREMIUM CONCIERGERIE or to Partners. In this case, PREMIUM CONCIERGERIE reserves the right to refund or not refund the Member prorata temporis for the amount of the Subscription not used or, as appropriate, to suspend monthly payments. No indemnification may be demanded from it.

XIII. – TERMINATION

Each party may terminate the Subscription, on the anniversary date, and ipso jure, by registered letter with acknowledgement of receipt, with 30 days’ notice. However, if the Member cancels the Subscription in these conditions, after the service’s organisation has begun, it is expressly agreed between the parties that the Member agrees to pay for the service. The parties shall have the option of terminating the Contract ipso jure if the other party fails to comply with its contractual obligations, and 15 days after issuing a formal notice sent by registered letter with acknowledgement of receipt to the defaulting party, stipulating the violation, has remained without effect.

XIV. – DEFAMATION:

Pursuant to the law of 29 July 1881, PREMIUM CONCIERGERIE reserves the right to take legal action against any person who insults or defames it. Action may be brought in respect of any allegation or accusation that could harm the honour or standing of PREMIUM CONCIERGERIE, whether made directly or by means of reproduction.

XV. – PROTECTION OF THE BRAND AND RIGHTS OF PREMIUM CONCIERGERIE:

15.1 The PREMIUM CONCIERGERIE brand and all trademarks, figurative or otherwise, and, more generally, all other trademarks, illustrations, images and logos used in relations with the Member, registered or otherwise, are and shall remain the exclusive property of PREMIUM CONCIERGERIE. Any reproduction, in whole or in part, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of PREMIUM CONCIERGERIE, is strictly forbidden. The same is true for any combination or linking of any other trademark, symbol, logo or, more generally, distinctive mark intended to form a composite logo. The same is true for any intellectual property rights, design, model or patent owned by PREMIUM CONCIERGERIE.
15.2 The Member undertakes to make personal and not commercial use of the information included in the documents and on the website distributed by PREMIUM CONCIERGERIE.

XVI. – DISPUTES AND APPLICABLE LAW

16.1 The law applicable to contractual relations between PREMIUM CONCIERGERIE and its Members is exclusively French law.
16.2 In the event of a dispute, the Member and PREMIUM CONCIERGERIE shall endeavour in good faith to find an amicable solution. In the absence of an amicable resolution, any dispute about the validity, interpretation or enforcement of these General Terms and Conditions of Sale and Use shall be brought before the French courts, which are hereby expressly given exclusive competence.

XVII – ACCEPTANCE OF THE MEMBER

17.1 These Terms and Conditions of Sale and Use are expressly approved and accepted by the Member, who declares and recognises having a perfect knowledge of them, and gives up, thereby, the right to invoke any contradictory document, including their own terms and conditions of purchase, which are unenforceable against the Provider, even if it is aware of them.
17.2 Any abstention on the part of PREMIUM CONCIERGERIE to invoke a clause of these General Terms and Conditions of Sale and Use may not be regarded as an implicit waiver of said clause.
17.3 Should one of the provisions hereof become invalid, unenforceable, lapsed, illegal or inapplicable, that fact shall in no case call into question the validity of the other provisions.
17.4 PREMIUM CONCIERGERIE reserves the right to adapt or amend these General Terms and Conditions of Sale and Use at any time. In this case, it shall inform the Members with a notice period of 3 months.

XVIII – LEGAL INFORMATION

PREMIUM CONCIERGERIE is a simplified public limited company with capital of €50,000. It is registered in the Register of Travel and Stay Operators of Atout France, 79/81 rue de Clichy PARIS 75009. In this capacity, it holds a Civil and Professional Liability Insurance policy from HISCOX EUROPE UNDERWRITING LIMITED, 19 rue Louis Legrand, PARIS 75002 and has a Financial Guarantee from ASPT, 15 Avenue Carnot, 75017 PARIS.