I.- SCOPE OF APPLICATION:
1.1 The company PREMIUM CONCIERGERIE (hereinafter PREMIUM CONCIERGERIE) offers its Clients (hereinafter collectively referred to as “Members” or individually “Member”) private concierge services under a contract called “Subscription”, according to 3 formulas to be chosen by the Members, the characteristics of which are defined in Article IV hereof. In this context, it acts as an intermediary, connecting its Members with partner product suppliers or service providers (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 plan, subject to their specific characteristics.
1.2 In accordance with applicable regulations, these General Terms and Conditions of Sale and Use are systematically provided to each Member upon joining, or at any time upon request, or upon any modification.
II. – CONDITIONS OF ACCESS TO SERVICES:
2.1 The private concierge services provided by PREMIUM CONCIERGERIE are reserved for the Member and their spouse.
The Member must be at least 18 years old and have the legal capacity to enter into a contract to accept these General Terms and Conditions of Sale and Use.
2.2 Any registration, request, or order placed, directly or indirectly, by any means whatsoever (telephone, mail, email, fax, SMS, instant messaging such as WhatsApp and Telegram, etc.) with the concierge services operated by PREMIUM CONCIERGERIE implies unreserved acceptance of these General Terms and Conditions of Sale and Use, which supersede all other conditions, except those expressly accepted by PREMIUM CONCIERGERIE.
2.3.1 The telephone number(s) provided when subscribing to one of the Subscription plans offered by PREMIUM CONCIERGERIE are considered to belong to the Member who subscribed to said Subscription or to one of the persons authorized by the Member to represent them – either at the time of subscription or by a subsequent written document. By way of exception, if the Member sends a request using a telephone number other than the one notified under the conditions mentioned above in this paragraph, and this request is processed by PREMIUM CONCIERGERIE, then this telephone number is also considered to belong to the Member with all the legal consequences set forth below. Similarly, the email address(es) provided when subscribing to one of the Subscription plans offered by PREMIUM CONCIERGERIE serve to authenticate the identity of its holder and user as the Member who subscribed to said plan.
2.3.2 Consequently, the telephone number(s) and email address(es) provided to PREMIUM CONCIERGERIE under the conditions set forth in section 2.3.1 herein, from which all requests, orders, and acceptances originate, are considered to authenticate the identity of their holder and user, regardless of the medium used (telephone calls, SMS, instant messages, etc.), without any possibility of dispute by the Member, except in the case of loss or theft and under the following conditions. The Member undertakes to notify PREMIUM CONCIERGERIE, as soon as possible, of any theft or loss of a mobile phone linked to the telephone number(s) provided when subscribing to the Subscription. This notification must be accompanied by a declaration of loss or theft filed with the competent authorities. Similarly, any hacking of the Member’s email account(s) must be reported immediately to PREMIUM CONCIERGERIE.
2.4 Each Member is responsible for their Subscription, which is strictly personal, and must take all necessary measures to ensure that no one other than themselves or their spouse uses it on their behalf. As an exception, when subscribing to one of the Subscription plans or by subsequent written agreement, the Member may expressly authorize a third party to use their Subscription on their behalf, subject to acceptance of this agent by PREMIUM CONCIERGERIE.
The benefit of an order placed with PREMIUM CONCIERGERIE is reserved for the Member and therefore cannot be transferred to a third party without the prior and express consent of PREMIUM CONCIERGERIE, and where applicable, the Partner.
III – MEMBERSHIP PROCEDURES
3.1 Subscription requests are subject to prior acceptance by PREMIUM CONCIERGERIE. PREMIUM CONCIERGERIE reserves the right to refuse a Subscription request for just cause, in accordance with Article L122-1 of the French Consumer Code.
PREMIUM CONCIERGERIE undertakes to notify the Member of the acceptance of their Subscription within 48 business hours of their request.
3.2 Each Member is obligated to provide PREMIUM CONCIERGERIE with accurate information at the time of registration. Any missing information may delay the validation of the registration. PREMIUM CONCIERGERIE shall not be held liable for the consequences of any incomplete, erroneous, or misleading information provided by the Member.
Each Member must voluntarily and spontaneously notify PREMIUM CONCIERGERIE as soon as possible of any changes to their personal data.
IV – SUBSCRIPTION PLANS
4.1 PREMIUM CONCIERGERIE offers three subscription packages strictly reserved for individuals. Each package provides different levels of service:
a) The “Premium Infinite” subscription provides unlimited access to PREMIUM CONCIERGERIE’s private concierge services for one year from its effective date, 6 days a week, from 9:00 AM to 11:00 PM, excluding public holidays.
The “Premium Infinite” offer requires a 12-month commitment and is billed at €3,800 including VAT.
b) The “Premium Black” subscription provides unlimited access to PREMIUM CONCIERGERIE’s private concierge services 24/7, excluding public holidays, for one year from its effective date.
It also provides access to a dedicated Concierge and exclusive invitations from PREMIUM CONCIERGERIE. The dedicated Concierge can visit the Member’s office and/or home to discuss an important project, organize a dream trip or exceptional event, or more generally, discuss service proposals, with no limits.
The “Premium Black” offer requires a 12-month commitment and costs €4,800 including VAT.
When a Member wishes to add more than two people to their subscription, they can subscribe to an expanded offer called “Premium Black Family.” The “Premium Black Family” offer requires a 12-month commitment and costs €9,600 including VAT per year.
c) The “Premium Paris” subscription grants unlimited access to the PREMIUM CONCIERGERIE private concierge services 7 days a week from 9:00 AM to 7:00 PM, excluding public holidays.
The “Premium Paris” subscription is billed at €60 including VAT per day. This membership offer is only available to non-residents of France and its use cannot exceed 21 days.
4.2 PREMIUM CONCIERGERIE reserves the right to periodically revise the above rates, provided that its Members are informed. In this case, an email notification will be sent to Members 3 months before the new rate takes effect.
4.3 Regardless of the chosen Subscription, payment must be made in full upon joining, and then annually on the anniversary date. Upon receipt of payment, PREMIUM CONCIERGERIE will notify the Member by email that their Subscription has taken effect. Furthermore, the Member will receive a personalized “PREMIUM CONCIERGERIE” card within a few days of their Subscription taking effect.
4.4 The various Subscriptions mentioned above grant access to PREMIUM CONCIERGERIE services and do not constitute the entirety of their remuneration.
Members are informed that PREMIUM CONCIERGERIE is also remunerated by commissions as a business introducer to Service Providers and may not claim, in any capacity or form whatsoever, the benefit of these commissions. However, Members benefit, whenever possible, from all the advantages negotiated by PREMIUM CONCIERGERIE with its Partners and reserved exclusively for its Members, such as hotel upgrades, complimentary breakfasts, freebies and discounts at wellness and fitness centers, VIP treatment, etc.
4.5 A “Premium Corporate” subscription package reserved for Professionals is subject to a separate contract.
V. – TERMS OF USE OF SERVICES:
5.1 Upon activation of their Subscription, Members may submit requests by any means (telephone, SMS, fax, instant messaging using the telephone number(s) provided upon subscribing to one of the Subscription plans offered by PREMIUM CONCIERGERIE; email(s) using the email address(es) provided upon subscribing to one of the Subscription plans offered by PREMIUM CONCIERGERIE; etc.), under the conditions set forth in Article 2.3.1 herein.
Requests submitted by Members will be processed by PREMIUM CONCIERGERIE in its capacity as an intermediary between the Member and the Partners. Services are performed by PREMIUM CONCIERGERIE on behalf of and for the account of the Member with the Partners, within the framework of a mandate entrusted by the Member to PREMIUM CONCIERGERIE. The mandate given to PREMIUM CONCIERGERIE is validated by the Member’s acceptance of these General Terms and Conditions of Sale and Use, and applies to requests made to PREMIUM CONCIERGERIE by the Member and executed within the framework and according to the terms set forth herein.
5.2 Any request for services (such as jewelry purchases, car, boat, and/or private jet rentals and/or purchases, extended hotel stays, private chef services, moving services, vacation packages, etc.) will be subject to a quote submitted to the Member for approval, with the exception of transportation services (taxis, private drivers, trains, commercial flights). However, the Member may, at any time, request a quote from PREMIUM CONCIERGERIE for the cost of any service. Expenses incurred with the various Partners are made in the name and on behalf of the Member.
5.3 Any request and any acceptance made by the Member by any electronic means (telephone call, SMS, fax, instant messaging such as WhatsApp or Telegram, email, etc.) using the telephone number(s) or email address(es) provided when subscribing to one of the Subscription packages offered by PREMIUM CONCIERGERIE, under the conditions specified in Article 2.3.1 herein, shall have the same probative value as a written document on paper within the meaning of Article 1366 of the French Civil Code.
5.4 Requests submitted to PREMIUM CONCIERGERIE must comply with the legal and ethical framework.
PREMIUM CONCIERGERIE reserves the right to refuse to act on any request that is illegal or contrary to the law, public morals, and integrity.
Access to concierge products and services may be restricted for certain individuals or in certain countries. PREMIUM CONCIERGERIE will not process any request that violates the laws in force in the country of execution.
5.5 Requests involving services or invoices exceeding €100 will only be definitively considered after written or oral acceptance by the Member at PREMIUM CONCIERGERIE’s request. The Member therefore expressly agrees that electronic documents (telephone, SMS, fax, instant messaging using the number(s) provided when subscribing to one of the Subscription packages offered by PREMIUM CONCIERGERIE; emails, etc.) under the conditions specified in Article 2.3.1 herein may serve as proof of acceptance, within the meaning of Article 1366 of the French Civil Code.
5.6 Orders placed with PREMIUM CONCIERGERIE are subject to availability from the Partners.
In the event that a service is unavailable, PREMIUM CONCIERGERIE undertakes to make its best efforts to offer an equivalent service.
If the Member does not accept the proposed equivalent service, PREMIUM CONCIERGERIE will cancel the order outright, without the Member being entitled to any compensation of any kind whatsoever.
5.7 PREMIUM CONCIERGERIE will communicate with the Partners on behalf of the Member.
5.8 Through their Subscription, the Member has access to a wide range of advantages and benefits negotiated with the Partners selected by PREMIUM CONCIERGERIE. However, the Partners are free to modify their terms and conditions at any time, and PREMIUM CONCIERGERIE cannot be held liable for any such changes.
VI. – PAYMENT:
6.1 Products and services purchased from Partners will be invoiced directly to the Member by PREMIUM CONCIERGERIE.
The Member may request and authorize PREMIUM CONCIERGERIE to use their payment card remotely to make direct payment for a Partner’s product or service.
By providing their bank card information, the Member authorizes the Service Provider to debit their bank card for the amount corresponding to the previously validated price. To this end, the Member confirms that they are the cardholder and that the name on the bank card is indeed their own.
The Member undertakes to take all necessary steps with their bank(s) to add PREMIUM CONCIERGERIE to a list of trusted beneficiaries, as provided for in Article 13 of Commission Delegated Regulation (EU) No 2018/389 of 27 November 2017.
6.2 Validation by the Member – or by one of their authorized representatives – by any means (telephone, SMS, fax, instant messaging using the telephone number(s) provided when subscribing to one of the Subscription plans offered by PREMIUM CONCIERGERIE, email using the email address(es) provided when subscribing to one of the Subscription plans offered by PREMIUM CONCIERGERIE; etc., under the conditions specified in Article 2.3 herein) – of the proposal sent by PREMIUM CONCIERGERIE in response to their request constitutes acceptance of The Member’s payment card will be debited for the order amount.
The Member must ensure that their payment card details are correct and that sufficient funds are available in their bank account to cover the payment for the services and/or products ordered. If payment cannot be processed, the sale will be automatically cancelled and the order voided.
6.3 Upon order confirmation, the Member agrees to pay for the services and/or products ordered upon receipt of the corresponding invoice. In the event of late payment, PREMIUM CONCIERGERIE cannot be held responsible for changes in the availability and prices of the products and/or services ordered.
6.4 In the event of late payment, penalties may be applied, either by PREMIUM CONCIERGERIE at a rate of 12% per annum calculated on a monthly basis, or by the relevant Partner based on its own terms and conditions of sale and use.
6.5 If PREMIUM CONCIERGERIE is required to advance payment for an order of services or products, of any kind, and for any reason whatsoever, on behalf of one of its Members, additional charges (corresponding to bank charges, credit card charges, insurance, management fees, processing fees) will be applied to the order amount excluding VAT. The Member agrees to reimburse PREMIUM CONCIERGERIE, upon first request, for the amount of the order and the charges incurred. The Member may request the amount of the charges billed to them at any time.
6.6 In the event of non-payment of the Subscription and/or any other invoice by the agreed due dates, PREMIUM CONCIERGERIE is entitled to send the Member a formal notice to pay within 8 days of the first presentation of the registered letter with acknowledgment of receipt.
If, despite this formal notice, the Member fails to pay their Subscription and/or invoice, PREMIUM CONCIERGERIE may terminate the Subscription without further formality. This termination will not entitle the departing Member to any refund or compensation.
The PREMIUM CONCIERGERIE service subscription will be suspended on the 9th day following the formal notice if the Member has not made payment. Consequently, the Member will no longer have access to PREMIUM CONCIERGERIE services until their Subscription is paid in full.
Unpaid invoices remain due in full, and PREMIUM CONCIERGERIE reserves the right to pursue the Member through all legal means to obtain payment, with a penalty equal to 15% of the amounts due, in addition to legal interest and any applicable court costs.
Furthermore, it is noted that for Professional Members, pursuant to Articles D. 441-6 and D. 441-5 of the French Commercial Code, any late payment automatically incurs, in addition to late payment penalties, an obligation for the debtor to pay a fixed compensation of €40 for recovery costs.
6.7 In the event of non-use of the services linked to a Subscription, no refund of the Subscription will be issued.
VII. – SPECIAL SERVICES:
7.1 Shopping: At the Member’s request, PREMIUM CONCIERGERIE can make purchases on their behalf. In this case, shopping and shipping fees will apply.
7.2 Restaurants and Clubs: For certain club and restaurant reservations, the Member authorizes PREMIUM CONCIERGERIE to use their payment card to guarantee the reservations.
7.3 Ticketing: PREMIUM CONCIERGERIE undertakes to use its best efforts to fulfill the Member’s ticket requests for all events with its Partners.
If an event is sold out through traditional ticketing outlets, PREMIUM CONCIERGERIE may use specialized providers. Consequently, the prices offered are subject to change at any time and may differ from the face value printed on the tickets due to markups related to agency, management, and/or administrative fees. All confirmed reservation requests are final and non-refundable. Consequently, reserved seats cannot be canceled, rescheduled, modified, exchanged, or refunded.
Members are responsible for verifying the date and time of the show or event, as the producer or organizer may change them without prior notice.
PREMIUM CONCIERGERIE is not responsible for lost tickets or their misdelivery by mail.
Similarly, PREMIUM CONCIERGERIE cannot be held liable under any circumstances for the cancellation or postponement of a show or event. In the event of cancellation or postponement by the artist, producer, or organizer, regardless of the circumstances, PREMIUM CONCIERGERIE will only be liable for the refund of the ticket’s face value, subject to obtaining the refund from the producer or organizer.
7.4 Taxis/Private Drivers: In the event of the Member’s absence at the scheduled meeting time and more generally if the taxi or private driver does not charge the fare due to the Member’s actions (“non-charge”), the latter will be liable for the amount of the fare unless a better agreement is obtained by PREMIUM CONCIERGERIE with the Partner.
VIII – PREMIUM CONCIERGE OBLIGATIONS:
8.1 PREMIUM CONCIERGERIE undertakes to respond to all Member requests, whatever they may be, as quickly as possible and to provide advice related to those requests.
8.2 PREMIUM CONCIERGERIE acts as an intermediary and represents the Member with its Partners.
8.3 Due to the very nature of its business, PREMIUM CONCIERGERIE is bound by an obligation of means, not of results.
IX. – RESPONSIBILITIES:
9.1 The Member acknowledges and accepts that PREMIUM CONCIERGERIE will act according to the requests as expressed in the inquiries it submits.
Therefore, PREMIUM CONCIERGERIE cannot be held liable for any errors caused by the Member in any way whatsoever.
PREMIUM CONCIERGERIE takes the utmost care in choosing and selecting its Partners. However, it cannot be held responsible for the actions of a Partner. PREMIUM CONCIERGERIE is authorized to cancel or refuse orders from a Member with whom a dispute exists.
9.2 As PREMIUM CONCIERGERIE acts as an intermediary bound by an obligation of means, it cannot be held liable, for any reason whatsoever, for any compensation of any kind relating to products or services ordered on behalf of its Members. Consequently, any claim for compensation or any other request for redress relating to the product or service ordered through PREMIUM CONCIERGERIE must be addressed to the Partner in question, who will assess its validity and assume responsibility. However, PREMIUM CONCIERGERIE will provide aid and assistance to the Member(s) in their relationship with the Partner.
PREMIUM CONCIERGERIE cannot be held liable for the non-performance of its obligations in the event of force majeure (disruptions, strikes affecting transportation, communications, or postal services, floods, fires, or computer failures, etc.) as defined by the Civil Code and the courts.
9.3 Given its status as an intermediary, PREMIUM CONCIERGERIE cannot be held liable for the total or partial non-performance of services ordered on behalf of and for the account of the Member from the Partners. Furthermore, PREMIUM CONCIERGERIE cannot guarantee, in accordance with legal provisions, the Member against any lack of conformity of goods and any hidden defects arising from a design or manufacturing flaw in the goods supplied by a Partner that render them unfit for their intended use.
In the event of any claim whatsoever, the Member must contact the relevant Partners directly.
9.4 In any event, PREMIUM CONCIERGERIE’s liability will be limited to the amount of the Subscription to the services at the time of the dispute.
9.5 In the event of non-compliance with these General Terms and Conditions of Sale and Use, the Member may be held liable.
X. – CONSUMER PROTECTION IN THE AREA OF CONTRACTS BETWEEN TRAVELERS AND PROFESSIONALS RELATING TO PACKAGE TRAVEL AND RELATED TRAVEL SERVICES:
10.1. When the combination of travel services offered to the Member is a package within the meaning of Directive (EU) 2015/2302, the Member will benefit from all the rights granted by the European Union applicable to packages. PREMIUM CONCIERGERIE will be fully responsible for the proper performance of the package as a whole.
Furthermore, as required by law, PREMIUM CONCIERGERIE has protection in place to reimburse the Member’s payments and, if transport is included in the package, to ensure the Member’s repatriation in the event of its insolvency.
Key rights under Directive (EU) 2015/2302:
– Travelers will receive all essential information about the package before concluding the package travel contract.
– There is always at least one professional responsible for the proper performance of all the travel services included in the contract.
– Travelers receive an emergency telephone number or contact details for the organizer or travel agent.
– Travelers may transfer their package to another person, subject to reasonable notice and possibly additional fees.
– The package price may only be increased if specific costs increase (e.g., fuel prices) and if this possibility is explicitly provided for in the contract. In any case, it may not be changed less than 20 days before the start of the package. If the price increase exceeds 8% of the package price, the traveler may cancel the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction if the corresponding costs decrease.
– Travelers may cancel the contract without paying a cancellation fee and receive a full refund of payments made if any essential element of the package, other than the price, undergoes a significant change. If, before the start of the package holiday, the tour operator cancels it, travelers are entitled to a refund and compensation, if applicable.
– Travelers may terminate the contract without paying a cancellation fee before the start of the package holiday in exceptional circumstances, for example, if there are serious security problems at the destination that are likely to affect the package holiday.
– In addition, travelers may, at any time before the start of the package holiday, terminate the contract upon payment of appropriate and justifiable cancellation fees.
– If, after the start of the package holiday, significant elements of it cannot be provided as agreed, suitable alternative services must be offered to travelers at no extra cost. Travelers may terminate the contract without paying a cancellation fee when services are not performed in accordance with the contract, this significantly disrupts the performance of the package holiday, and the tour operator fails to remedy the problem.
– Travelers are also entitled to a price reduction and/or compensation in the event of non-performance or improper performance of travel services.
– The organizer must provide assistance if the traveler is experiencing difficulties.
– If the organizer, or in certain Member States, the retailer, becomes insolvent, the amounts paid will be refunded. If the organizer, or where applicable, the retailer, becomes insolvent after the start of the package holiday and if transport is included in the package, the repatriation of travelers is guaranteed. PREMIUM CONCIERGERIE has taken out insolvency protection with ASPT, 15 Avenue Carnot, 75017 PARIS. Travelers can contact this organization or, where applicable, the competent authority if services are refused to them due to the insolvency of PREMIUM CONCIERGERIE.
(Click here, to consult the transposition text of Directive 2015/2302)
10.2. If, after choosing and paying for a travel service, the Member books additional travel services for their trip or holiday through PREMIUM CONCIERGERIE, they will NOT be entitled to the rights applicable to packages under Directive (EU) 2015/2302.
Therefore, PREMIUM CONCIERGERIE will not be responsible for the proper performance of individual travel services. In case of any problem, the Member may contact the service provider concerned.
However, if the Member books additional travel services during the same visit or contact with PREMIUM CONCIERGERIE, the travel services will form part of a linked travel arrangement. In this case, PREMIUM CONCIERGERIE has, as required by European Union law, protection in order to reimburse the sums paid by the Member for services that were not performed due to its insolvency. Please note that no refund is provided in the event of the insolvency of the service provider concerned.
PREMIUM CONCIERGERIE has taken out insolvency protection with ASPT, 15 Avenue Carnot, 75017 PARIS.
Travelers may contact this entity or, where applicable, the competent authority if travel services are refused due to the insolvency of PREMIUM CONCIERGERIE.
This insolvency protection does not apply to contracts concluded with parties other than PREMIUM CONCIERGERIE, which may be performed despite its insolvency.
(Click here, to consult the text transposing Directive 2015/2302)
XI. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
The data collected during registration – such as name, surname, address, telephone number, email address, and bank details – is stored with the Member’s consent and will be processed in accordance with the provisions of this article and applicable legislation.
PREMIUM CONCIERGERIE is committed to scrupulously respecting the trust its Members place in it and to guaranteeing strict confidentiality of the information, data, and other data to which it has access in the course of carrying out its duties.
In accordance with its ethics and professional standards, PREMIUM CONCIERGERIE protects the personal information that its Members may provide in connection with their Subscription.
In accordance with legal obligations and the CNIL (French Data Protection Authority), PREMIUM CONCIERGERIE retains this information under the legal conditions (Registration Number 1259523).
The personal information collected will be kept for as long as necessary until the end of the Member’s Subscription period, unless: a) a longer retention period is authorized or required by law or regulation; or b) the Member has exercised one of their legal rights.
In all cases, the Member’s personal data will be kept for a period not exceeding 36 months from the end date of the Member’s last Subscription.
Access to Members’ personal data is strictly limited to PREMIUM CONCIERGERIE staff authorized to process it as part of their duties. Personal data is used only for the purposes for which Members provided it.
The use of this personal information is strictly limited to internal purposes (order management, delivery, invoicing, creditworthiness monitoring, as well as all internal marketing studies and personalized advertising). PREMIUM CONCIERGERIE undertakes not to sell, rent, transfer, or grant access to data to third parties without the Member’s prior consent, unless legally required to do so by law or court order (legal obligation, combating fraud or abuse, exercising the right to defend oneself, etc.).
However, the Member authorizes PREMIUM CONCIERGERIE to share their personal information with PREMIUM CONCIERGERIE’s Partners if necessary for order management, delivery, invoicing, creditworthiness monitoring, as well as all internal marketing studies and personalized advertising. If a Member exercises their right of access, rectification, erasure, restriction of processing, data portability, or objection to the processing of their data for a legitimate reason, the relevant Partners will be notified.
In accordance with Article 27 of Law No. 78-17 of 6 January 1978, as amended, concerning information technology, data files and civil liberties, and with European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), Members have the right to access, rectify, erase, restrict the processing of, and transfer their data, as well as the right to object to the processing of their data for a legitimate reason.
Members may exercise these rights, upon proof of identity, by one of the following means:
– by writing to the following address: 10, Place Vendôme, 75001 PARIS;
– by telephone at +33 1 70 37 59 00 (Monday to Friday from 9:00 a.m. to 6:00 p.m. and on public holidays from 2:00 p.m. to 6:00 p.m.; closed on Sundays), a toll-free call.
For any further information or complaints, Members may contact the French Data Protection Authority (CNIL).
XII. – DURATION
L’Abonnement a une durée de 12 mois et est reconduit automatiquement à chaque date anniversaire de l’Abonnement pour une durée d’une année, et ce jusqu’à ce que le Membre mette fin à l’Abonnement. Le Membre accepte d’ores et déjà qu’en cas de tacite reconduction de son adhésion, celle-ci intervienne aux conditions en vigueur à la date d’expiration du présent contrat, sauf offres particulières.
En acceptant la tacite reconduction de son Abonnement le Membre autorise PREMIUM CONCIERGERIE à prélever sur le compte du Membre le montant du nouvel Abonnement.
XIII. – WITHDRAWAL, CANCELLATION, SUSPENSION
13.1 In accordance with the provisions of the Consumer Code, the Member has a period of fourteen (14) calendar days to exercise their right of withdrawal with PREMIUM CONCIERGERIE, starting from the day after the Member receives confirmation from PREMIUM CONCIERGERIE that their Subscription has taken effect.
When the fourteen (14) day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day. The exercise of the right of withdrawal does not need to be justified and does not incur any costs, except, where applicable, the return shipping costs for documents and physical items (box, card, brochure) already sent by PREMIUM CONCIERGERIE.
This cancellation will result in a refund of the Subscription that has already been paid by the Member.
13.2 PREMIUM CONCIERGERIE may cancel or suspend a Subscription at its sole discretion, without prior notice, if the Member violates one or more of these terms and conditions of sale and use, misuses or fraudulently uses the Subscription, or engages in conduct detrimental to the interests of PREMIUM CONCIERGERIE, such as falsifying information provided to PREMIUM CONCIERGERIE or its Partners.
In this case, PREMIUM CONCIERGERIE reserves the right to reimburse the Member on a pro rata basis for the unused Subscription amount or, if applicable, to suspend monthly payments. No compensation may be claimed from the Member.
XIV. -TERMINATION:
Either party may terminate the Subscription on its anniversary date, automatically, by registered letter with acknowledgment of receipt, subject to 30 days’ notice. However, if the Member terminates the Subscription under these conditions after the service has begun to be organized, it is expressly agreed between the parties that the Client agrees to pay for the service.
The parties shall have the right to terminate the Contract automatically if the other party fails to fulfill its contractual obligations, 15 days after sending a formal notice by registered letter with acknowledgment of receipt to the defaulting party, specifying the breach, and remaining unheeded.
XV. – DEFAMATION
In accordance with the law of July 29, 1881, PREMIUM CONCIERGERIE reserves the right to prosecute any person who commits an insult or defamation against it. Any allegation or imputation of a fact that harms the honor or reputation of PREMIUM CONCIERGERIE, whether made directly or by reproduction, is liable to prosecution.
XVI. – PROTECTION OF THE TRADEMARK AND RIGHTS OF PREMIUM CONCIERGE
6.1 The PREMIUM CONCIERGERIE trademark, as well as all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images, and logos used in dealings with the Member, whether registered or not, are and shall remain the exclusive property of PREMIUM CONCIERGERIE. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium whatsoever, without the express prior consent of PREMIUM CONCIERGERIE, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo, and, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models, and patents that are the property of PREMIUM CONCIERGERIE.
16.2 The Member agrees to use the information contained in the documents and website published by PREMIUM CONCIERGERIE for personal and non-commercial purposes only.
XVII – DISPUTE AND APPLICABLE LAW
17.1 The law applicable to the contractual relationship between PREMIUM CONCIERGERIE and its Members is exclusively French law.
17.2 In the event of a dispute, the Member and PREMIUM CONCIERGERIE will make every effort in good faith to find an amicable solution. Failing an amicable resolution, any dispute concerning the validity, interpretation, or performance of these General Terms and Conditions of Sale and Use shall be submitted to the French courts, which shall have exclusive jurisdiction.
XVIII – ACCEPTANCE OF THE MEMBER
18.1 These General Terms and Conditions of Sale and Use are expressly agreed to and accepted by the Member, who declares and acknowledges having full knowledge thereof, and therefore waives the right to rely on any conflicting document, and in particular, its own general terms and conditions of purchase, which shall not be enforceable against the Service Provider, even if the Service Provider was aware of them.
18.2 Any failure by PREMIUM CONCIERGERIE to enforce any provision of these General Terms and Conditions of Sale and Use shall not be construed as an implied waiver of that provision.
18.3 The fact that any provision of these General Terms and Conditions of Sale and Use becomes void, unenforceable, invalid, illegal, or inapplicable shall not, under any circumstances, affect the validity of the other provisions.
18.4 PREMIUM CONCIERGERIE reserves the right to adapt or modify these General Terms and Conditions of Sale and Use at any time. In this case, it will inform Members with 3 months’ notice.
XIX. – ELECTRONIC SIGNATURE
PREMIUM CONCIERGERIE vous propose de signer électroniquement les documents de souscription des présentes Conditions Générales de vente et d’utilisation ainsi que le contrat d’abonnement. Les documents signés électroniquement ont la même valeur juridique qu’un document signé sur papier.
XX. – LEGAL INFORMATION
La société PREMIUM CONCIERGERIE est une société anonyme simplifiée au capital de 50.000 €. Elle est immatriculée au Registre des opérateurs de Voyages et de séjours de Atout France, 79/81 rue de Clichy PARIS 75009. A ce titre, elle est titulaire d’une Assurance Responsabilité Civile et Professionnelle auprès de HISCOX EUROPE UNDERWRITING LIMITED, 19, rue Louis Legrand, PARIS 75002 et dispose d’une Garantie Financière auprès de l’ASPT, 15 Avenue Carnot, 75017 PARIS.