Article 1 - Scope
These General Conditions of Sale apply, without limitation or qualification, to all services offered by www.loeilduneparisienne.com (SIRET : 829 192 020) namely:
The offer "Electric scooter visit" which includes:
Electric scooter in Paris during a half-day, i.e. about 4 hours, or during a full day, i.e. about 8 hours with L’œil d'une parisienne, the representative of, and according to the itinerary previously approved by the Client.
The electric scooter is to be rented by the SASU L’œil d'une parisienne according to the rental agreement and the client must sign the agreement before beginning the tour, during which he must be accompanied by the service provider of L’œil d'une parisienne.
Article A :
The rental of an electric scooter the « equipment » and its accessories, by SASU L’œil d'une parisienne, known below as «the lessor» and a legal or natural person, known below as the «renter».
Article B :
Each electric scooter is equipped with the following accessories:
- Anti-theft device,
- Battery charger + battery,
Article C :
Effective date, availability and recovery:
- The rental takes effect from the moment the renter takes possession of the equipment until which time it is returned, as indicated on the rental contract. All risks will be transferred when the equipment is handed over to the renter, who will assume entire responsibility, undertaking to use it with "due care and diligence" in all circumstances.
- This contract is only valid for the duration of the rental. If the customer retains the equipment beyond this period without prior agreement with L’œil d'une parisienne, all guarantees provided for in the contract become null and void. If the renter wishes to keep the equipment beyond the time agreed at the beginning, so as to avoid conflict the renter must gain prior agreement from L’œil d'une parisienne and immediately pay the full rental amount, to get her with the sum corresponding to the new time agreed.
- The renter states that he has had every opportunity to check all the equipment himself and that it is appropriate for his needs.
- The renter acknowledges receipt to fall rented equipment in good, clean working order. Both tyres are in good condition with no punctures. In case of any deterioration of either one for any reason other than or mal wear and tear, the renter agrees to replace it immediately at his own cost with at are of the same size and condition.
- The renter is entirely responsible for any damage other than normal wear and tear which may arise due to improper use, or, as far as the Law allows, any other uncommon behaviour on the part of the renter.
Article D :
Payment and terms of payment:
- The rental payment will be settled in full by the customer at the time of rental, before the equipment as described in the contract is handed over.
- Accepted methods of payment are: Cheque or Cash, and Credit Card through the L’œil d'une parisienne website.
Article E :
- The renter certifies that he is fit and able to use the equipment he has rented and that he agrees to use solely himself.
- By express agreement between the two parties, it is strictly forbidden for the renter to intervene in case of equipment break down, in such cases the renter must warn the lessor L’œil d’une parisienne.
- The renter agrees to use the rented equipment with due care and attention to safety of all third parties in accordance with speed limits and the regulations in force.
- The renter is very strongly advised by the lessor to wear a helmet.
- When parking the equipment on public roads, it is obligatory for the renter to install the anti-heft device.
- In case of theft of the equipment: the renter must inform the less or immediately, file a complaint with the authorize d authorities and provide a photocopy of the complaint.
- The renter agrees that the equipment will not be used:
- In case of theft of the equip by any person under the effects of alcohol or drugs, or any other substances which may affect the ability to drive, nor by himself in these circumstances.
- The renter agrees that he himself will take all measures possible to avoid theft including use of the anti-theft device whenever as top is made, and will keep the keys on him at all times when the scooter is not in use.
Failing that, the renter will be responsible should the equipment be stolen.
- Other than theft, the renter will have been tirely responsible for all costs incurred by L’œil d’une parisienne for getting new keys made and for them taking possession of the equipment, also for any contraventions that may have occurred in the 24hours after the rental.
Article F :
Liability breakage, detoriation, theft, damage to third parties:
- The renter does not benefit from any cover, provided by the lessor, for damages the equipment may suffer and personally in curs his own responsibility for said damage, break age and theft.
- The renter agrees to pay the cost of repairs or replacement to the rented equipment, which must be recognisable as such and complete. Damage incurred to the equipment will be invoiced to the customer according to the tarif fin force as per consultation with L’œil d’une parisienne.
- The renter declares himself to be in possession of public liability insurance which will cover any damages arising from the rental to the equipment or to third parties.
- In case of theft by the renter, misappropriation or any damage resulting from the non-respect off the rules of use or the regulations in force, or the terms and conditions of this contract, the less or is entitled to exercise are course for the whole of the injury.
- The renter is responsible for any in fractions of the Highway Code committed by himself whilst using the equipment. Therefore mentioned authorise L’œil d’une parisienne to provide the renters personal details should they be requested to do so by the Gendarmerie or the Police.
Article G :
- When the equipment is made available by the lessor, the client is asked to pay a deposit it her by cheque or cash for an amount equal to the full purchase value of the rented equipment in its new state.
- This deposit is not cashed during the rental period.
- At the return of the equipment the security deposit is returned to the renter, minus any damages provided for in article F.
Article H :
- The return of all rented equipment will be done as per the date and time stipulated in the contract.
- In case of equipment not being returned on the date and time agreed, the rental will continue under the conditions and price fixed by the present contract.
Article I :
Eviction of the renter:
- The accessories delivered with the equipment must not be removed or modified by the renter.
- The equipment may not be assigned or given as security.
- The renter agrees in general terms that neither he, nor anyone else, have any rights, real or otherwise, that might impinge on the rental equipments use, or limit its availability or full owner ship of the lessor L’œil d’une parisienne.
Article J :
- In the event of a dispute arising out of the interpretation or performance of the service contract or its related general conditions of rental, French law will apply and the Tribunal d'Instance of Paris will have jurisdiction.
- In addition, if the present conditions are translated in to other languages, the French version will be the reference in case of dispute.
- This agreement is subject to French law. In the event of any dispute relating to this contract, the competent court shall be that of the head office of the enterprise of the lessor to which the parties attribute exclusive competence.
The offer "My way in Paris" which includes:
My way in Paris during a half-day, i.e. About 3 hours30, or during a full day, i.e. About 7 hours with L’œil d’une parisienne, the representative of the Provider, and according to the itinerary previously approved by the Client.
These Terms and Conditions shall apply to the exclusion of all other conditions, including those applicable to the marketing channels.
These Terms and Conditions are available at any time on the www.loeilduneparisienne.com website and prevail over any other version or any contradictory document.
Except proof to the contrary, the data recorded by www.loeilduneparisienne.com constitute proof of all transactions.
Changes to these Terms and Conditions are binding on users of the site from their online application and cannot be applied to previous transactions.
The validation of the order of services by the Customer requires the un condition al acceptance of these Conditions of Sale.
Article 2 - Orders
The Customer selects on the website the service he wants to order, as follows:
The customer contacts the provider by completing the for mon the "Contact "page of the www.loeilduneparisienne.com web site and specifying the service he/she wishes to order:
"my Walk in Paris", "Electric scooter visitor".
Given the information provided by the Client, the Provider sends to the Customer by e-mail, and within a maximum of 72 hours, a proposal of agenda and itinerary described with photos and a short text. In any case, names, addresses and phone numbers are disclosed in the proposed itinerary.
This step is completely free and without commitment for the Client.
Upon receipt of the proposal sent by the Provider, the Client can contact him/her by phone ore-mail for modifications. If the Provider considers that these requests are feasible, he compiles a new proposal which will be sent by e-mail to the Client within 48 hours at the most.
This step can be repeated as many times as the Provider considers possible to respond favorably to requests by the Customer for changes to the proposal and provided that they are notified within 8 days before the delivery of the service.
The Provider alone can assess whether or not he/she may respond favorably to requests for changes to the proposal by the Client. His/her decisions do not imply a formal commitment of any kind on his/her part.
In cases where the Provider cannot respond favorably to requests to change the proposal by the Client, the latest proposed agenda and itinerary shall be considered final offering services proposed by the Provider to the Customer.
Therefore, the Customer may choose:
Any changes to the order by the Customer shall not be taken in to account by the Provider within the limits of its possibilities and in condition to be notified to the Provider by email or by phone at least 8 days before the date scheduled for delivery of services ordered.
If need be, they will lead to the establishment of a new quote and a price adjustment.
Article 3 - Rates
The services offered by the Provider are provided at the rates in effect at the moment of the recording of the order by the Contract or, as shown on the Provider www.loeilduneparisienne.com website and according to the quote determined as specified in Article2 "Orders" above. Prices are net and in Euros.
These prices are firm and non-revisable during the validity period, as shown on the Provider web site.
An invoice is issued and delivered by the Provider to the Customer at the moment of the provision of services ordered.
Article 4 - Payment Terms
Any command can be cancelled without any cool charged by the Person receiving benefits (Provider) until 14 days before day planned by the meeting between the Person receiving benefits (Provider) and the Customer.
Any commands for electric scooters visit will be cancelled or and paid off in case of problem of weather report (rain, violent shower, thunder storm and if the temperature is below8°C).
For the offer «My way in Paris» can be made all year round, in summer as in winter.
Article 5 - Right of withdrawal
The Customer disposes of, in accordance with the law, a withdrawal period of 7 days from the date of acceptance of the order to cancel it, as provided by the regulations.
This period goes in to effect after the acceptance of the offer. When the seven-day period expires on a Saturday, Sunday or a holiday, it is extended until the first following working day.
The withdrawal of the Client shall be made in writing to firstname.lastname@example.org.
In case of exercising the right of withdrawal, the Provider will make every effort to refund the Customer within 30 days by bank transfer or check. No right of withdrawal may be eligible for any compensation or penalty what so ever. The right of withdrawal only available to private individuals, it does not apply in any case to a professional or a holder of a SIREN number, according to French law.
Article 6 - Liability of Service – Warranty
From the Provider
- The Provider is not liable for damages of any kind that may be due to the alteration of respect for privacy and security in the use and content of the webpage.
- The Provider is not responsible for any failure of any kind of intermediaries (including restaurants, hotels, museums, leisure companies) that the Provider recommends to the Client.
- The Contract or shall take the ut most care to ensure that services purchased on www.loeilduneparisienne.com will be carried out in the best possible conditions. The Customer must also take steps to allow "L’œil d’une parisienne" to perform its obligations, in particular by providing accurate information and informing by e-mail at email@example.com of any changes that may intervene in this information (identity, address, etc.).
- The Contract or guarantees, in accordance with the law, the Customer against any fault, resulting from a defect in design or fulfillment of the services provided and rendering it unfit for the use for which they were intended, to the exclusion of any negligence or fault of the Client, against any defect thereof.
- To enforce his/her rights, the Customer shall, under penalty of forfeiture of any related action, inform the Provider in writing of the existence of defects or non-compliance with in a maximum of 7 days from their discovery.
- The Provider will rectify or correct the services deemed defective with in a period of 30 days from the receipt by the customer.
- The Contractors warranty is limited to reimbursement of services paid by the Client and may not be considered liable for any delay or failure due to the occurrence of an event of force majeure usually recognized by French law.
- Services provided through the Providers website comply with the regulations in force in France.
From the Client
- The Client is solely responsible for his identification of access to the service and for the use he makes of the website and its services; aware of this, he voluntarily accepts this responsibility.
- The Customer is also responsible for the information provided in the questionnaire on which the Provider will establish the custom-made agenda.
- In the case of «My Walk in Paris» and «Electric scooter visit», the Clients understand that they remain under their own responsibilities, and the Provider should not be held responsible of any issues due to walking, falling or sliding, or anything happening during the walk.
- All risks will be transferred when the equipment is handed over to the renter, who will assume entire responsibility, under takingtouse it with" due care and diligence " in all circumstances.
- The customer makes a commitment and must be covered by a civil liability insurance (house insurance or other one) and also for the foreign customer living outside France he stays under their own responsibilities and also has to sign a private insurance against accidents or falls during visit in electric scooter and by foot. L’œil d’une parisienne is not responsible in case of problems due to the walking (step), the accidents in electric scooter, fall on foot or in electric scooter or all other damage (customer striking a pedestrian in electric scooter).
- The customer makes a commitment to return the electric scooter in the home state (excepted the normal wear and tear) and makes a commitment in case of small damages, for which he is responsible and no covered by his insurance, to compensate L’œil d’une parisienne with a lump sum going from 5 to 500 euros.
Article 7 - Variation of conditions
These general conditions of sale can undergo changes that will be communicated to Customers through a publication on the web page.
Article 8 - Termination
The Provider may terminate the contract in advance, and without the need of notice, by refusing or withdrawing access to the website, services or content, to customers who do not meet these conditions.
Article 9 - Data-processing and Liberties
Under the law78-7 of 6 January 1978, it is recalled that the personal data that is requested from the Customer is required to process the order and invoicing, notably.
Treatment of information provided through the Providers website has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, the right of permanent access, modification, rectification and opposition with regard to information about him/her.
Article 10 - Intellectual property
The website content is the property of the Contract or and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a copy right infringement.
In addition, the Provider retains owner ship of all intellectual property rights to the designs, drawings, models, prototypes, etc., carried out (even at the request of the Client) for the provision of services to the Client. Therefore the Customer must refrain from any reproduction or use of such studies, drawings, model sand prototypes, etc., without the express and written consent of the Provider who can condition it to financial compensation.
Article 11 - Applicable law- Language
Under express agreement between the parties, this agreement is governed by and subject to French law.
It is written in French. In the case where it is translated in to one or several languages, the French text will prevail in case of dispute.
Article 12 - Disputes
ALL DISPUTES WHICH MAY GIVER IS E THIS AGREEMENT, REGARDING ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION OR ITS TERMINATION, AND THEIR CONSEQUENCES WILL BE SUBJECT TO JURIS DICTION INTERMS OF LAW.
Article 13 - Evidence
It is expressly agreed that the data contained in the information systems of "L’œil d’une parisienne" have probative value as for orders, requests, and anything else relating to the use of the website « www.loeilduneparisienne.com ». They may be validly produced as evidence as well as any written document.
Article 14 - Compensation for recovery costs
In accordance with the law n°2012-387 of 22 March 2012 on the simplification of the law and administrative relief, any professional in a situation of late payment has the right to seek from the debt or a lump sum of €40 for recovery costs, on top of late penalties.
Article 15 - Acceptance of the Client
The fact that a person (or entity) places an order on the providers website implies full acceptance of these Terms and Conditions, which is expressly recognized by the Purchaser, who renounces, in particular, to cite any contradictory document, which would be unenforceable by the Provider.