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GENERAL TERMS & CONDITIONS OF SALE

 

Preamble

"PARIS HELPLINE" is a Simplified Joint-stock Company (SAS) with a capital of € 5,000 of which headquarters are located 38, RUE DES TOURNELLES, 75004 – PARIS, registered in the Paris Trade and Company Register under the number 801 836 701 R.C.S Paris.

"PARIS HELPLINE" offers its clients easy access to all types of information, as requested by them, so as to help them in their daily planning by all means of communication, and notably mobile telephones, Internet access, telephone enquiries, via its website http://www.parishelpline.com

"PARIS HELPLINE" can also direct its clients towards independent service providers.

The services offered by "PARIS HELPLINE" are accessible to both companies and individuals by subscription and/or on a pay-per-use basis.

 CLAUSE 1 - APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The General Terms and Conditions hereof have the object of defining the rights and obligations of the parties within the scope of selling of on-line services offered by "PARIS-HELPLINE" to its Clients.

Such relations shall be exclusively governed by this contract, excluding any condition previously made available on the website of the Vendor.

"PARIS HELPLINE" reserves the right to modify the General Terms and Conditions hereof at any time by the publication of a new version of same on the company's website. The General Terms and Conditions of Sale applicable are those published at the time of confirmation of the order.

The placing of an order for the supply of the services offered on this website presupposes the prior acceptance of the Terms and Conditions of Sale hereof.

The placing of an order for the supply of the services offered on this website presupposes the prior acceptance of the Terms and Conditions of Sale in the English language by non French speaking Clients.

The Client acknowledges that he is fully informed of the fact that his acceptance of the contents of the General Terms and Conditions does not require a handwritten signature of said document, insofar as the Client orders the services presented on the website on-line.

The Client confirms his acceptance of the order and of all clauses of the General Terms and Conditions of Sale hereof, fully and without reserve, when he clicks on the "Confirm" button at the end of the ordering procedure. This constitutes an electronic signature which has the same value as a handwritten signature between the parties.

The Client has the capacity to save or print the General Terms and Conditions, it being specified that the back-up or print copy of this document remains under his sole responsibility.

The Client declares being fully legally entitled to commit to the General Terms and Conditions hereof.

Any person accessing the "PARIS HELPLINE" website agrees to comply with the Conditions of Use, which for some of the services, may be the object of special conditions.

 CLAUSE 2- ORDER

To place an order or investigate on the services offered by "PARIS HELPLINE", the Client may use any of the means listed below:

In case of an order being placed by any other mean than the website, the Client will imperatively confirm his order in writing (e-mail) to "PARIS HELPLINE".

The order will not become final until validation and confirmation by "PARIS HELPLINE" that payment has been duly received.

In case of unavailability of the service which has been ordered, alternatives will be suggested to the Client. Should none of the alternatives be found suitable or accepted by the Client "PARIS HELPLINE" shall not be liable for any compensation of whatever nature and shall not be held responsible for such unavailability.

 CLAUSE 3 – RIGHT OF WITHDRAWAL

The Client has a period of seven working days to cancel his order. The period runs as of the day of the order of the service by the Client. Cancellation shall be notified to the Client Service Department of "PARIS HELPLINE".

- by e-mail: contact@parishelpline.com

In case of exercise of the right of withdrawal, "PARIS HELPLINE" shall do its best efforts to reimburse the Client within 14 days.

Any modification to or cancellation of the order made by the Client shall have to be made within a maximum of seven working days prior to the coming into force of the service contract to be taken into consideration by "PARIS HELPLINE".

In any event, any modification to the order made by the Client shall be subject to the express approval of "PARIS HELPLINE".

Should "PARIS HELPLINE" refuse to proceed with the modification or with the cancellation of the order for the service requested by the Client within 7 working days prior to the access to the service, the payable amount of the order shall remain due by the Client and the amounts already paid by him will not be refunded under any circumstance.

 CLAUSE 4 – Coming into force and Duration

The General Terms and Conditions of Sale hereof come into force on the day of validation of the order and remain applicable for the full time necessary to deliver the agreed upon services and until all guarantees and obligations due by "PARIS HELPLINE" have been fulfilled.

 CLAUSE 5 - SUBSCRIPTIONS

 The purchase of a subscription gives access to a Client area on the www.parishelpline.com website, secured by a password. The Client area allows subscribers to visualise, follow up and download their invoices.

 5.1 Purchase of a Subscription

The request for a subscription can be made via the Internet on the www.parishelpline.com website. The subscriber shall fill in and send the subscription contract duly completed and signed to "PARIS HELPLINE", with the relevant attachments. The subscriber accepts to communicate his bank references on the day of registration. Registering shall become valid and access to the services shall become effective upon reception by "PARIS HELPLINE" of the duly completed and signed contract.

 5.2 Duration

Subscriptions run for a limited duration, which is determined by the Client and comes into force on the contractual dates of arrival and ends on the contractual day of departure, as validated by "PARIS HELPLINE".

The number of calls to the helpline is limited to 10 calls per hour. 

 5.3 Termination of a Subscription

The termination of a subscription corresponds to the last date of stay indicated by the Client at the time of signing the contract.

In case of an early termination and for whatever reason, the subscriber will remain liable for the entire amount of the subscription, for the total duration of the contract. No reimbursement will be made. In case of a non payment of his subscription by the subscriber on the agreed upon dates, "PARIS HELPLINE" will be entitled to terminate the subscription contract immediately, without being liable for any compensation of whatever nature.

 CLAUSE 6 – TAILOR-MADE SERVICES

 "PARIS HELPLINE" also offers its Clients temporary access to tailor-made services.

Any request for services outside the scope of a subscription or for extra services shall be the object of a prior estimate, and subjected to the approval of the Client.

 CLAUSE 7 - RATES

Rates are indicated in Euros and are only valid on the date of the order made by the Client. They do not include extra charges for preparation and delivery, which are invoiced separately and indicated prior to the validation of the order.

Rates include the VAT applicable on the day of the order and any modification of the applicable VAT rate will automatically be transferred to the price of the services offered on-line.

Payment of the full rate must be made upon order. Under no circumstances will the amounts paid be considered as deposits or down-payments.

Clients will individually enjoy the services and the rates attached to the selected package upon registration.

Should the services not be used in full, no reimbursement will be claimed. The payment of a subscription gives a right of access to all of the services of "PARIS HELPLINE", six days a week, from 10 am to 7 pm, from Monday to Saturday.

Should the services or the rates offered by "PARIS HELPLINE" be modified, "PARIS HELPLINE" undertakes to inform the subscriber of the new provisions prior to their coming into force.

 CLAUSE 8 - PAYMENT

Payment of the order shall be made by credit card on-line at the time of subscription. Clients willing to pay their subscription in cash shall pay the full amount of their subscription, or of their one-off order, at the time of the subscription or order.

The following credit cards are accepted: Carte Bleue, Visa, Eurocard / MasterCard.

The transaction is immediately debited on the credit card account of the Client, after validation of its data and upon reception of the authorisation to pay by the issuer of the credit card used by the Client.

In accordance with Article L. 132.2 of the Monetary and Financial Code, the commitment to pay given by a credit card is irrevocable. By transmitting the information related to his credit card, the Client allows the Vendor to debit its credit card for the amount corresponding to the All-inclusive Pricing.

To this end, the client confirms that he is the holder of the credit card to be debited and that the name appearing on the credit card is indeed his name. The Client communicates the sixteen digits and the date of expiry of his credit card and, when applicable, the numbers of the visual cryptogram.

Should the debit of the All-inclusive Pricing not be possible, the on-line sale shall immediately be annulled and the order shall be cancelled.

 "PARIS HELPLINE" reserves the right to refuse to deliver a service or to fulfil an order arising from a client who has not pay the full or partial amount of a previous order or with whom a settlement dispute is running.

"PARIS HELPLINE" will be entitled, at subscriber's request, to keep the bank information in a secured way, to facilitate the management of services and to avoid having to collect the data again at the time of a subsequent order. "PARIS HELPLINE" will not proceed to any debit on a credit card without the prior written approval of the subscriber.

 CLAUSE 9 - EQUIPMENT MADE AVAILABLE FOR THE DELIVERY OF THE SERVICE

"PARIS HELPLINE"makes a smartphone available to its clients (with accessories), to give them access to the services, as well as a telephone line, inclusive of calls, SMS's, unrestricted MMS's towards land-lines and mobile telephones, 24/7, within metropolitan France, without guarantee of an access to Internet, with restrictions on outgoing international calls.

Clients may not select the range or the model of the equipment given to them for the contractual period of service delivery.

The Smartphone (with accessories) remains the exclusive, non-transferable and non-distrainable property of "PARIS HELPLINE".

Under no circumstances shall the Smartphone be ceded, rented or lent to any third party. The user will have the quality of a guardian of the Smartphone, in accordance with Article 1384 of the Civil Code, as of the date of delivery of the equipment and until its return to "PARIS HELPLINE".

The return of the equipment shall occur on the date of termination of the contract between "PARIS HELPLINE" and the Client. The Client undertakes to keep the Smartphone for the full duration of the contract and to take the necessary care for its proper operating.

Should the Smartphone break down, the Client shall inform "PARIS HELPLINE" by telephone without delay, and shall return the Smartphone in its original wrapping, to guarantee an appropriate protection, as per the instructions given to him.

Should the breakdown be the result of a inherent flaw of the Smartphone, or in case of a force majeure, "PARIS HELPLINE" will exchange the Smartphone (for an identical model or, should such a model not be available, for an equivalent equipment with similar technical characteristics) for the duration of the service contract.

Should the Smartphone be lost or stolen, the Client undertakes to inform "PARIS HELPLINE" of same without delay.

Such a notification of loss or theft to "PARIS HELPLINE" shall immediately result in the billing of the purchase price of the Smartphone (inclusive of taxes) – contractually set at390 Euros (three hundred ninety euros) – to the Client.

BILLING OF THE SMARTPHONE (inclusive of taxes) :

  • missing or damaged accessory : 25€
  • damage or breakeage of the Iphone : 390€
  • loss or theft of the Iphone : 390€

Should the breakdown be the result of an improper use by the user, or should the equipment be returned incomplete, damaged, broken or dirty, the purchase price of the Smartphone – contractually set at 390 Euros (three hundred ninety euros) – will be billed to the Client. In case of smartphone exchange due to improper use by the client, delivery – contractually set at 20 Euros (twenty Euros) - will be billed to the Client

Such a notification of loss or theft to "PARIS HELPLINE" shall immediately result in the billing of the purchase price of the Smartphone (inclusive of taxes) – contractually set at 390 Euros (three hundred ninety euros) – to the Client.

We reserve the right, Paris helpline, to demand the remittance of an irrevocable and unlimited bank guaranty in the amount of the contract price at the time of acceptance. The customer accepts unreservedly to empower us to charge his banking account with the amount - set by contract to the amount of purchase including taxes Smartphone - depending on its level of assurance.

The Client undertakes to erase all personal data entered by him in the Smartphone he has been given for the duration of the subscription prior to the return of same to "PARIS HELPLINE". "PARIS HELPLINE" will not be held responsible for the damages or prejudice caused by the failure to comply with this clause.

 CLAUSE 10 – DELIVERY OF THE EQUIPMENT ALLOWING ACCESS TO THE SERVICES

In spite of the care brought to the strict observation of the agreed upon period of delivery, "PARIS HELPLINE" will not be held responsible for the damages or prejudice caused by a delay in the delivery of Smartphones allowing access to the services.

The failure to comply with the agreed upon period of delivery shall not give rise to any compensation whatsoever from "PARIS HELPLINE".

 CLAUSE 11 - RESPONSIBILITY

 11.1. "PARIS HELPLINE" cannot not guarantee the protection of children and teenagers and the usage by them of the Smartphones, notably when it comes to having access to inadequate content for minors. This applies to adults and illegal contents or content contravening moral standards.

"PARIS HELPLINE" not being the guardian of the equipment while it is made available to the client, it shall not be held responsible of the damages and prejudice caused by its usage.

The user of the Smartphone is also personally responsible of the data it releases, uses and/or transfers and undertakes to comply with the prevailing French regulations, notably those concerning flagrantly inadequate contents or the protection of the rights of third parties.

 11.2 "PARIS HELPLINE" is only obliged to make the equipment available to the Client and to give him access to the data preselected by "PARIS HELPLINE".

The Client alone takes the decision to call on the services or to purchase a product from a Vendor of which coordinates have been communicated to him by "PARIS HELPLINE". In case of prejudice, only the responsibility of the Vendor may be engaged, "PARIS HELPLINE" not being liable for any such damage.

 11.3 Under no circumstances shall "PARIS HELPLINE" be held responsible for the failure to execute its obligations due to cases of force majeure, and notably of strikes, be them partial or total, floods, fire, computer breakdown, the list not being exhaustive.

 CLAUSE 12 - PROTECTION OF PERSONAL INFORMATION (CNIL)

In accordance with the French Law on Data Processing and Civil Liberties dated January 6th, 1978, the subscriber has a right of access, of correction and of opposition to his own personal data. This can be achieved by simple request to "PARIS HELPLINE", by mail or e-mail, with the mention of the subscriber's first name, surname and address.

 CLAUSE 13 – INTELLECTUAL PROPERTY

The content displayed on http://www.parishelpline.com in its entirety (texts, comments, publications, illustrations, images, etc.) is covered by the laws on copyrights and intellectual property, internationally. Accordingly, and in accordance with the provisions of the Law on Intellectual Property, private usage of same alone is allowed, notwithstanding more restrictive diverging provisions of the Law on Intellectual Property. All other usages constitute an act of forgery and shall be penalised in accordance with the Law on Intellectual Property, except prior approval by "PARIS HELPLINE".

 CLAUSE 14 - GUARANTEE

"PARIS HELPLINE" is subject to the legal guarantees described in Articles L.211-4, L.211-5 and L.211-12 of the French Code of Consumption, and to Articles 1641 and 1648 of the Civil Code.

Art. L. 211-4 of the French Code of Consumption: " The Vendor is obliged to deliver a product in compliance with the contract and is liable for lack of conformity of the product upon delivery. The Vendor is also liable for the lack of conformity of the packaging, of the assembly instructions and of the installation when this falls under his responsibility by contract or has been achieved under his responsibility".

 Art. L. 211-5 the French Code of Consumption: "To comply with the contract, the product must:

1° Be suitable for such usage as is usually expected from a similar product and, when applicable: - correspond to the description given by the vendor and present the same qualities as those presented to the buyer by means of a sample or a model; - present the qualities that a buyer is legitimately entitled to expect based on the public statements made by the vendor, by the manufacturer or by his representative, notably in terms of advertising and labelling.

2° Or present characteristics that have been commonly defined by the parties, or be suitable for any specific usage expected from the buyer, as presented to him by the vendor and accepted by the buyer".

 Art. L. 211-12 of the Code of Consumption: " The action resulting from defects in conformity lapses after two years from the date of delivery of the article."

 Art. 1641 of the Civil Code: "The vendor is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have given a lesser price for it, had he known of them."

Art. 1648 of the Civil Code: " The action resulting from unacceptable vices must be brought by the buyer within a period of two years following the discovery of the vice. In the case provided for in Article 1642-1, the action shall be instituted, under penalty of preclusion, within the year following the date at which the vendor may be discharged of vices or visible lack of conformity".

CLAUSE 15 – NULLITY OF A CONTRACT CLAUSE

Should any of the provisions of this contract be cancelled, such nullity shall not result in the nullity of the other provisions, which shall remain enforceable between the parties.

 CLAUSE 16 – APPLICABLE LAW AND LITIGATIONS

 "PARIS HELPLINE" is a company incorporated under French law. The applicable law within the terms of this contact is the French law, exclusively.

Any dispute relating to the interpretation and performance of the General Terms and Conditions shall be governed by French Law. In the absence of a friendly solution, the dispute shall be referred to a French Court, which will have sole jurisdiction.