RobertPINK – Marion Prouteau is a sole proprietorship under French law with its head office located at 2 rue du Moulin, 78610 Le Perray en Yvelines – France. It is registered under SIRET 52911821800021.
The definitions below have the following meanings in these Terms and Conditions of Sale:
RobertPINK: means the sole proprietorship RobertPINK – Marion Prouteau.
Client: means the person who buys a service from RobertPINK.
Service: means the services provided to the Client by RobertPINK from the selection of tours presented on the Website, www.robertpink.com, subject to the availability of RobertPINK on the dates selected by the Client.
Purchase Order: means the document that defines and governs the services agreed upon between the Client and RobertPINK.
Party/Parties: means the Client and / or RobertPINK.
Partner: means the third party service providers chosen by RobertPINK.
Site: means the website http://www.robertpink.com.
II/ Scope of Terms and Conditions of Sale
RobertPINK offers the Client contemporary art and « art de vivre » themed tours in Paris and its surroundings.
The Client is advised to read the entire Terms and Conditions of Sale carefully. These Terms and Conditions of Sale define the terms and conditions under which RobertPINK sells its services. The Purchase Order addressed to the Client defines the particular conditions applied to these Terms and Condition of Sale. Together, they make up the legal contract between the Parties.
The Client must read and accept these Terms and Conditions of Sale before placing any order. Validating a Purchase Order implies acceptance of these Terms and Conditions of Sale.
These Terms and Conditions of Sale are valid from 1 May 2011. It supersedes all previous versions of the Terms and Conditions of Sale.
RobertPINK reserves the right to modify these Terms and Conditions of Sale at any time, without prior notice. Such changes will not apply to orders previously accepted and confirmed by RobertPINK.
In compliance with section 1124 of the Civil Code, all Clients must be legally able to enter into a contract and use the Site in accordance with the Terms and Conditions of Sale.
Article 1. Subject of the Service
RobertPINK offers contemporary art and “art de vivre” themed tours in Paris and its surrounding area. The tours can be for one person or for groups, made up of individuals or professionals. RobertPINK offers personalized service for special occasions and can accommodate small or medium sized groups, from one to ten people. Services offered are those listed in the program posted on the Site. Tours may also be customized upon the Client’s request.
Article 2. Booking / Ordering
The booking process takes place as follows:
RobertPINK will prepare a cost estimate after discussion with the Client. A Purchase Order is generated after the Client accepts and signs the estimate. RobertPINK will make the necessary reservations related to the organization of the program upon receipt of the signed Purchase Order and invoice payment. The payment policy is as follows:
– For individuals, payment in full for all services is required with the Purchase Order.
– For professionals, a deposit of 50% of the total amount is required with the Purchase Order. The balance must be paid in full 72 hours before the delivery of services. Any order placed less than fifteen days before the date of delivery must be paid in full.
RobertPINK reserves the right to modify these reservation conditions according to specific conditions imposed by one of its partners.
The Client guarantees the accuracy of the information they supply during their request for information and during the ordering process. The Client takes the personal responsibility for all participants for the services ordered.
Article 3. Financial conditions
Article 3.1. Rates
Prices for services will be determined by request, based on customer requirements and by estimate. Prices are listed in euros, « VAT not applicable Section 293 B of the CGI ».
Prices include a cultural adviser for the duration of the service, meals, transportation, if any, for the duration of the service and any other costs related to a specific request from the Client.
In general, prices include the service as defined in the Purchase Order entered into between the Client and RobertPINK. The price does not include the cost of travel before and after the service nor does it include accommodation. Such arrangements will remain the responsibility of the Client. Only estimates prepared by RobertPINK and sent to the attention of the Client are valid. All estimates validated by the Client more than a month after it was sent by RobertPINK may be subject to price adjustments if necessary (rate increases by partners, etc..).
Article 3.2. Payment Terms
Payments may be made bank transfer, cash or check as follows:
– By bank transfer:
Transfers are made in the name of Marion Prouteau using the following bank details:
Bank: CL 08963 Rambouillet – France
Bank Code 30002 – code 08963 – Account Number 71183Y – Clé RIB 73
IBAN FR07 3000 2089 6300 0007 1183 Y73
BIC / SWIFT CRLYFRPP
Please reference the Purchase Order number on the transfer order.
– By cash:
Payments may also be made in cash, hand-delivered to Marion Prouteau or a member of RobertPINK staff.
– By check:
Checks are made out to Marion Prouteau and cleared through a French bank only. Checks are sent to the following address:
2 rue du Moulin
78610 Le Perray en Yvelines – France
Please indicate the Purchase Order number on the back of the check
Article 4. Client Cancellation or Changes to the Purchase Order
A cancellation must be received in writing, signed by the client and mailed to RobertPINK with Return Receipt service or by any other service that provides proof of delivery. In the event of a cancellation, deposit amounts or payments made in full will be refunded as follows:
– Up to 30 days before the date of service: refund of all monies paid, less an amount of 20% for management fees.
– Between 29 and 15 days before the date of service: refund of all monies paid, less an amount of 40% for management fees.
– Less than 15 days before the date of the service: no money will be refunded, regardless of weather conditions.
RobertPINK will not assume any additional charges not specified in the Purchase Order.
No refund or credit will be given for the interruption of service by the Client during its delivery or for the refusal by the Client to participate in certain services as outlined in the Purchase Order.
In accordance with Article L 121 – 20-4 2 of the Consumer Code, the legal provisions on distance selling states that the right of withdrawal does not apply to tourist services that are provided on a given date or given period.
Article 5. Cancellation or changes by RobertPINK
The program offered on the website www.robertpink.com is an example and not legally binding to RobertPINK because the program is subject to change due to such variables as the date chosen by the Client (scheduling and availability of the places included in the tour), the time available to the Client or the number of participants. RobertPINK therefore reserves the right to adapt its tours in relation to these constraints or to alter the content of the program due to acts of nature.
If RobertPINK must cancel your visit for internal reasons, the Client will be fully refunded. RobertPINK is not responsible for cancellations of service by a partner. In this case, RobertPINK can offer the Client a similar service. The Client can either accept or reject this new proposal. If the Client refuses, no refund can be made.
Article 6. Transportation
RobertPINK decides the appropriate type of transportation for each of the tours in the program and according to specific customer requests. RobertPINK makes the reservation, if necessary, and it is for the duration of the service. Transportation is provided by professional companies who are authorized to carry passengers and have insurance to cover any accidents during the activity. RobertPINK cannot be held responsible for any accidents or damage caused during the transportation of the Client during a tour organized by its company.
Transportation costs for the tour are included in the price. The Client is responsible for transportation costs before and after the tour.
Article 7. Insurance and Liability
Each Client declares to have a liability insurance or the equivalent which clears RobertPINK from any responsibility relative to any damage that may occur under this insurance, in case of harm caused or suffered by the Client.
Article 8. Force Majeure
Force Majeure or unforeseeable events are considered events beyond the control of the parties and their occurrence makes it totally impossible to comply with its obligations. These events could not be reasonably planned for and could not be reasonably avoided.
The following are cases of Force Majeure or unforeseen events that clear RobertPINK of its obligation to deliver within the time originally planned: strikes of all or part of the RobertPINK staff or by their usual mass transportation services, fire, flood, war, production shutdowns due to unforeseen breakdowns, the inability to be supplied with raw materials, epidemics, road conditions due to weather, road blockades, strikes or supply disruptions by EDG-GDF (electricity/gas supplier) or supply disruptions for reasons that are not the fault of RobertPINK, and any other cause of disruptions related to our partners.
In the event of such circumstances, RobertPINK will notify the Client in writing, most notably by e-mail, within 24 hours of the occurrence of a Force Majeure. The Purchase Order binding RobertPINK and the Client will be suspended without indemnification as of the start date of the Force Majeure.
If the Force Majeure should last more than 30 days from the date of its occurrence, the Purchase Order signed by RobertPINK and the Client may be terminated by either party, with neither party entitled to awards for damages.
Termination will take effect as of the date of the first presentation of a registered letter with Return Receipt referring to the above mentioned Purchase Order.
Article 9. Claims
Any problems with the performance of service is to be brought to attention on the spot, then reported and verified in writing by the Client to RobertPINK within 48 hours. The Client agrees that, whatever the merits of its claim and the procedure for implementing it, the liability, if any, of RobertPINK resulting from its performance of its obligations under the Purchase Order will be limited to a sum not exceeding the total amount actually paid by the Client for services that were provided by RobertPINK.
Article 10. Intellectual Property Rights
The Site is an intellectual work protected by intellectual property law. The Site and each of its components (such as trademarks, logos, texts, etc.) are the exclusive property of RobertPINK who holds the exclusive right to use the intellectual property.
By accessing the Site, the User is granted a non-exclusive, limited license to use the Site content, for their private use only.
Reproduction of all documents published on the website is only permitted for information purposes and strictly for personal and private use. It is expressly prohibited to reproduce, modify, etc. the Site or any one of its components in whole or in part, on any media whatsoever, for any purpose other than personal use and private sectors, including commercial purposes, unless having obtained the prior written permission of RobertPINK.
Requests for permission should be sent to the following address:
RobertPINK – Marion Prouteau
2 rue du Moulin
78610 Le Perray en Yvelines, France.
Any unauthorized reproduction or modification constitutes an infringement punishable by law.
The photographs and graphic elements contained on the Site and the communications material of RobertPINK are for illustration only and not contractual.
Article 11. Privacy
RobertPINK respects the privacy of the Client and is committed to the protection of information transmitted by the Client to RobertPINK. For this reason, RobertPINK complies with the current legislation concerning the protection of privacy. In accordance with the French Information Technologies and Civil Liberties Act n° 78-17 of 6 January 1978, the Site http://www.robertpink.com has been declared to the CNIL (Commission Nationale de l’Informatique et des Libertés, the agency which enforces data protection legislation), dated April 21, 2011, receipt of declaration No. 1501793 v 0.
RobertPINK may send the Client « prospecting » emails that give information that allows the Client to learn about the website, to better use it and better understand its offers.
The Client will have the opportunity to object, free of charge, to the use of their details (except for details relating to the transmission of the objection) when they are collected and each time a prospecting e-mail is sent.
In accordance with the French Information Technologies and Civil Liberties Act n° 78-17 of 6 January 1978, as amended, the Client is informed of their right to access this information, request its modification or its deletion. The Client may exercise this right by sending a letter to:
RobertPINK – Marion Prouteau
2 rue du Moulin
78610 Le Perray en Yvelines, France.
Article 12. Miscellaneous Provisions
RobertPINK is not responsible for any theft that may be committed. The Client is responsible for the loss of items that occur during the delivery of the service, especially during meal time.
It is expressly agreed that the data contained in RobertPINK’s information system has probative value in terms of the Client’s Purchase Order. It may be validly filed as evidence in the same way as any other written document.
The fact that RobertPINK does not use, at a given moment, any one of the provisions of these Terms and Conditions of Sale shall not be interpreted as a waiver on the part of RobertPINK to use any one of the said conditions in the future. In the event that any of these provisions should be declared null and void, the validity of the other provisions of the Terms and Conditions of Sale shall not be questioned.
Article 13. Customer Relations
If you have questions or would like further information, please contact us by email at firstname.lastname@example.org or by phone at +33 6 62 87 24 00.
Our Terms and Conditions can be sent on request and are available on our website at www.robertpink.com
Article 14. Governing Law and Jurisdiction
Article 14.1 Governing Law
French law will govern all disputes concerning, in particular, the validity, interpretation, implementation or termination of these Terms and Conditions of Sale and the Purchase Order.
Article 14.2 Jurisdiction
– For individuals: in the event of a dispute concerning the interpretation or application of the Purchase Order and only after the use of mediators is exhausted, the court will be in the domicile of the defendant or, at the request of the plaintiff, where the execution of the service took place.
– For professionals: in the event of a dispute concerning the interpretation or application of the Purchase Order and only after the use of mediators is exhausted, the parties agree to submit to the jurisdiction of the Paris Commercial Court.