General Terms and Conditions of Sale
The company UNIVERSAL TOUR GUIDE SASU with a share capital of 18600 €, registered with the Paris Trade and Companies Register under the number number: 83193343700012, (hereinafter “the Seller”) makes available to its Customers via its website www.universal-tourguide.com (hereinafter the “Site”) products or services (hereinafter the “Products” or “Services”). It is specified beforehand that the present General Terms and Conditions of Sale (hereinafter referred to as the “General Terms and Conditions”) exclusively govern the sale of Products or Services on the Site.
• Registered office: 175 Boulevard Voltaire, 75011 Paris, France
• Telephone number: 0033 1 80 89 89 48 29
• Email: firstname.lastname@example.org
Visitors to the Site, who are potentially interested in the Products and Services offered, are invited to read these Terms and Conditions carefully. They are invited to print and/or save a hard copy before placing an order on the Site.
The Client acknowledges having read the General Terms and Conditions and accepts them in full and without reservation.
Application of the GTC
The Seller reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site. The General Terms and Conditions applicable to the Customer are those effective on the day of his/her order on the Site.
This Site offers the following services for online sale:
Guided tours, rental of guides.
Access to the Site is free of charge for all Clients. The Client declares that he/she has read and accepted these General Terms and Conditions by checking the box provided for this purpose before starting the online ordering procedure. Checking this box will be deemed to have the same value as a handwritten signature from the Client.
The acceptance of these GTC presupposes that the Clients have the necessary legal capacity to do so. If the Client is underage or does not have this legal capacity, he declares that he has the authorization of a guardian, a trustee or his legal representative.
The Customer acknowledges the proof value of the Vendor’s automatic registration systems and, except unless the Customer provides proof to the contrary, waives the right to contest them in the event of litigation.
Article 1 – Prices and terms of payment
1.1 – Tarification
The prices of the Products and/or Services are indicated in euros with all taxes included (VAT + other taxes and in particular taxes on videograms, eco-participation…), but excluding costs of shipping and handling.
UNIVERSAL TOUR GUIDE reserves the right to modify its prices at any time and to pass on, if applicable, any change in the effective VAT rate on the price of the Products or Services offered on the Site. However, the products will be invoiced on the basis of the effective prices at the time that the order is validated. The prices indicated do not include shipping and handling costs.
1.2 Late penalties
In the event of late payment by the Professional Customer, the Seller may suspend all outstanding orders, without prejudice to any other course of action.
Any amount not paid on the due date fixed by these General Terms and Conditions shall automatically entail, without any formality or formal notice, from the day following the date of payment on the invoice, the application of penalties for late payment of an amount equal to the rate applied by the European Central Bank to its most recent refinancing operation, plus a further ten points.
The Seller reserves the right to ask the Customer for an additional sum if the recovery costs incurred exceed this amount.
This penalty is calculated based on the outstanding amount due including VAT, and runs from the expiry date of the price without any prior notice of default required.
In addition to the compensation for late payment, a flat-rate indemnity for recovery costs of 40 euros will also be due, ipso jure and without prior notice to the Customer.
Article 2 – Orders and customer account
2.1 – Customer account
In order to be able to place an order, the Customer is asked to create an account (personal account).
The Customer must register by filling in the form proposed at the time of creation of the account, and undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address. The Customer can modify these details at any time by logging into his account. It is the Customer’s responsibility to update his information.
To access his personal account and order history, the Customer must identify himself using his username and password, which will be communicated to him after registration and are strictly personal. In this respect, the Client refrains from disclosing any such information to others. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may request to unsubscribe at any time by going to the dedicated page or sending an email to email@example.com. This will be done within a reasonable period of time.
In the event of non-compliance with the general conditions of sale and/or use, the site UNIVERSAL TOUR GUIDE will have the possibility of suspending or even closing the account of a customer after formal notice sent electronically and without effect.
Any deletion of the account, for any reason whatsoever, will result in the deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
2.2 – Methods of payment
The Customer may place an order on this Site and may make payment by:
No data relating to the Customer’s means of payment is collected by the Site. Payment is made directly to the bank or payment service provider receiving payment from the Customer. In the event of payment by cheque or bank transfer, the delivery periods defined in the article “Delivery” of these General Terms and Conditions shall only begin to run from the date of actual receipt of payment by the Vendor, the latter being able to prove this by any means.
Purchase orders and invoices will be archived on a reliable and durable medium which constitutes a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
2.3 – Orders
The Customer can place an order:
By telephone during business hours at UNIVERSAL TOUR GUIDE
By email at: firstname.lastname@example.org
The information is presented in French and will be confirmed with this contractual information at the latest at the time of your order validation.
2.4 – Payment terms
The price is payable in full on the day of the order.
Article 3 – Validation of the order
The Customer declares that he has read and accepted these General Terms and Conditions of Sale before placing his order. The validation of his order therefore implies acceptance of these General Terms and Conditions.
Article 4 – Delivery of Services
UNIVERSAL TOUR GUIDE undertakes to use all human and material resources to carry out the service within a period of 0 (ZERO) days. These deadlines are given for information only.
However, UNIVERSAL TOUR GUIDE cannot be held liable for delays in the performance of services caused by reasons which cannot be attributed to it.
Any delay in delivery in relation to the date or period indicated to the Consumer Customer at the time of his order or, in the absence of indication of date or time at the time of the order, greater than thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-1 of the Consumer Code. The request must be in writing, sent by registered letter with acknowledgement of receipt if, after having instructed the Seller to make the delivery, it has not been carried out. The Consumer Customer will then be reimbursed, no later than fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to force majeure.
In the event that the execution of a physical service has not been carried out or has been postponed due to an error on the address indicated by the Client, the expenses of travel of the service provider mandated by the Company to carry out the unsuccessful service shall be borne by the Client. The Customer shall have a period of fifteen (15) days from the time of provision of the Services to issue complaints by any means with all relevant supporting documents to the Seller. No claim can be validly accepted if the Customer fails to comply with these formalities and deadlines.
Article 5 – Right of withdrawal
5.1 – Legal deadline for the right of withdrawal
In accordance with the effective legal provisions (Article L. 221-18 of the Consumer Code), the Customer has a period of 14 days from placing the order to exercise his right of withdrawal without having to justify reasons or pay a penalty.
5.2 – Conditions of withdrawal
To exercise his right of withdrawal, in accordance with the legal provisions, the Customer may find attached in Appendix 2 the standard withdrawal form to be sent to UNIVERSAL TOUR GUIDE at the following address: UNIVERSAL TOUR GUIDE, 175 Boulevard Voltaire, 75011 Paris, France. The request must mention the order concerned by this withdrawal.
The Customer may exercise his right of withdrawal by any means of communication.
In the event of exercising the right of withdrawal, UNIVERSAL TOUR GUIDE will refund the sums paid no later than 14 days from the date on which UNIVERSAL TOUR GUIDE is informed of your decision to withdraw and according to the same means of payment as that used for the order (unless the Customer expressly agrees to a refund by another means of payment).
5.3 – Withdrawal period for professionals
The right of withdrawal shall also be extended to professionals who fulfill the following conditions: professionals who have concluded off-premises contracts where the subject matter of such contracts does not fall within the scope of the principal activity of the professional solicited and where the number of employees employed by the latter is less than or equal to five. The time limits are identical to those in the previous paragraph.
Article 6 – Responsibility
The Vendor’s liability can only be engaged in the event of gross negligence, intentional or fraudulent misconduct. In all other cases, the Vendor’s liability can never be sought or engaged by the Customers.
Article 7 – Intellectual property rights
All texts, comments, works, illustrations and images reproduced or represented on the UNIVERSAL TOUR GUIDE Site are strictly reserved by copyright, intellectual property and worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only private use, subject to different or more restrictive provisions of the Intellectual Property Code, is permitted. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected by trademark law. The reproduction or representation of all or part of any of the above-mentioned signs is strictly prohibited and must be authorised in writing by the trademark owner.
Article 8 – Applicable law – Disputes – Claims handling – Mediation
Applicable law: This contract is subject to French law. The language of this contract is English. In case of dispute, the French courts will have exclusive jurisdiction.
Claims handling: For any claim you can contact customer service using the contact details mentioned in the preamble of these conditions.
Assignment of jurisdiction:
In the event of any difficulty arising from the ordering or delivery of items sold on the Site, the Customer will first contact UNIVERSAL TOUR GUIDE to seek an amicable solution. The Client has the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method.
In the event of a dispute, in accordance with Regulation No 44/2001 of 22 December 2000:
– The Client may apply either to the court of the place where he is domiciled, or to the French courts,
– UNIVERSAL TOUR GUIDE will be able to refer the matter to the court of the place where the Client is domiciled.
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may in any event resort to conventional mediation, with the existing sectoral mediation bodies or to any alternative dispute settlement method in the event of dispute.
Online Dispute Resolution Platform:
In accordance with Article 14 of Regulation (EU) No. 524/2013, an online dispute resolution platform has been set up by the European Commission to facilitate independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is available at https://webgate.ec.europa.eu/odr/
Article 9 Personal data
The nominative information and personal data concerning the Customer are necessary for the management of his order and commercial relations. They may be transmitted to the companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable UNIVERSAL TOUR GUIDE to improve and personalize the services offered and the information provided.
The processing of the information communicated via the Site has been declared to the CNIL number 2100791.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose any personal data concerning him. To do this, the Customer must write online to the Customer Service Department or by mail to UNIVERSAL TOUR GUIDE, 175 Boulevard Voltaire, 75011 Paris, France, indicating his name, surname, and e-mail address. In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of an identity document bearing the Customer’s signature and specify the address to which the reply must be sent. A reply will then be sent within 2 months of receipt of the request.
Article L. 217-4 Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The seller shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or carried out under his responsibility.
Article L. 217-5 Consumer Code
The good conforms to the contract:
If it is fit for the intended use of a similar good and, if applicable:
if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article L217-12 Consumer Code
The action resulting from the lack of conformity shall be time-barred after two years from the delivery of the good.
Article L. 217-16 Consumer Code:
If the buyer makes a request to the seller, during the course of the commercial guarantee granted to him at the time of purchase or repair of movable property, to carry out a repair covered by the guarantee, any period of immobilization of the good of at least seven days shall be added to the remaining period of the guarantee. This period runs from the date of the buyer’s request for intervention or the date on which the goods in question are made available for repair, if this is after the date of the request for intervention.
Article 1641 Civil Code
The seller is bound by the warranty for latent defects in the goods sold which render them unfit for the intended use, or which diminish their use so much that the buyer would not have acquired them, or would have given them only a lesser price, if he had known them.
Article 1648 paragraph 1 Civil Code
Any action resulting from the defects must be brought to attention by the purchaser within two years from the discovery of the defect.
Appendix 2 – Withdrawal form
In the event of withdrawal of your order placed on UNIVERSAL TOUR GUIDE, please complete and return this form – except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
Attn: UNIVERSAL TOUR GUIDE, 43 rue de la Roquette, 75011 Paris, France
I hereby notify you of my withdrawal from the contract concerning the sale of the good / for the presentation of service (*) below:
Name of consumer (s):…………………………………………………………………………………………………………………………………………………………………………
Address of consumer (s):………………………………………………………………………………………………………………………………………………………………………..
Signature of the consumer (s) (only if this form is notified on paper):
Date : ………………………………………………………………..