The General Sales Terms


The General Sales Terms

Perle VIP INTERNATIONAL

OFFICE OF BROCKERAGE SPECIALIZES OF GREAT FRENCH KNOW-HOW

INTRODUCTION

 

Perle VIP INTERNATIONAL – SARL, a company with its head office at 5, Place de la République - 92300 LEVALLOIS PERRET, and with a registered capital of 10,000 €, registered with the Nanterrre Trade & Companies Register under number 502 504 079, works under the commercial name Perle VIP INTERNATIONAL and organises the sale of service provision to its clients, performed by third parties.

Once the form and information have been passed on to Perle VIP INTERNATIONAL, in accordance with the terms below, for acquisition of a service provision which will be supplied through the intermediary of Perle VIP INTERNATIONAL.

 

Perle works therefore as mere intermediary in relations between the purchasers and suppliers of services.

 

ARTICLE 1: APPLICATION OF THE GENERAL SALES TERMS

 

These General Sales Terms accessible on the www.perle-vip.com web site are systematically transmitted to every purchaser, before he places an order.

Consequently, when a purchaser places an order he automatically agrees, without restriction or reservation to these General Sales Terms, which prevail over any other documents (brochures, catalogues …. produced by Perle).

Any other condition required by the purchaser, which has no been previously and specifically accepted by Perle VIP INTERNATIONAL, will not be claimable against the company, whensoever it is brought to its knowledge.

Should Perle not avail itself on occasion of any one of the provisions of these general sales terms, this tolerance shall not be interpreted to mean that it waives the possibility of availing itself at a later date of the said terms.

The purchaser hereby declares that he has read and agrees to the following General Sales Terms prior to placing any order for services.  

 

ARTICLE 2: ORDER

 

To place an order(s) and find out about service provision offered by the company Perle VIP INTERNATIONAL, the purchaser may use the various means listed below:

 

-       by internet, in the field reserved for this purpose…

-       by telephone on 01.70.37.57.75

-       by fax on 01.70.37.57.51

-       by post to 10, Place Vendôme – 75001 PARIS

-       by e-mail to the following address: contact@perle-vip.com

 

a)    Rules applicable to orders in general

 

Prior to the taking of any order, the purchaser must communicate to Perle VIP INTERNATIONAL his personal or professional address, his e-mail address and his telephone and/or fax number to enable Perle VIP INTERNATIONAL to contact him quickly.

Orders for service provision made by the purchaser using e-mail, post or fax will be passed on to suppliers through the intermediary of Perle VIP INTERNATIONAL.

 

b)    Order confirmation by the purchaser

 

All orders will be confirmed to the purchaser by Perle VIP INTERNATIONAL by e-mail or fax as soon as possible.

Confirmation will include specifically:  Specific sales terms

 

-       Order reference number

-       The type of service provision ordered  

-       The quantity of services ordered

-       The unit price of the service(s) ordered, before tax and inclusive of all taxes

-       Delivery time for the service ordered

-       Delivery terms for the service(s)  

-       Terms for cancellation

-        Method of payment

 

c)    Acceptance of the order

 

It is essential that order acceptance is confirmed in writing (Fax, e-mail or ordinary mail with recorded delivery) within a period of 48 hours sent to Perle VIP INTERNATIONAL.

Recording of the order will be deemed final after receipt by Perle VIP INTERNATIONAL of the purchaser’s written acceptance.

 

d)    Order monitoring

 

The purchaser may monitor his service order; all information inherent to the latter will be sent to him, as follows:

-       Reservation references (hotel, restaurant, ticket office…)

-       Dates, times and places of departure and arrival ….

-       Names and addresses of service providers.

 

e)    Lack of stock held by service providers

 

Orders are taken subject to stocks being held by service providers. The purchaser will be contacted and replacement solutions will be offered to him if required as soon as possible.

 

-       Lack of availability of the services ordered,

-       Changes to the type of service ordered by the purchaser,

-       Changes to the price of the service ordered by the purchaser,

-       Change to delivery time indicated by Perle VIP INTERNATIONAL to the purchaser.

 

Replacement solutions offered will be implemented as soon as written agreement is received from the purchaser. If no solution is found or accepted by the purchaser within a period of 5 working days, Perle VIP INTERNATIONAL will purely and simply cancel the order.

No compensation of any kind may be demanded from Perle VIP INTERNATIONAL by the purchaser due to these circumstances.

In cases were payment has been made and except if the replacement solution found is entirely different from the purchaser’s order, the latter will be reimbursed directly by Perle VIP INTERNATIONAL, if the order is cancelled.

 

f)     Personal order

 

Benefit of the order is personal to the purchaser and may not be transferred to the benefit of any third party without specific agreement from Perle VIP INTERNATIONAL.

 

g)    Modification of the order by the purchaser

 

Any change or cancellation of the order made by the purchaser must take place within a maximum period of seven working days in order to be taken into consideration by Perle VIP INTERNATIONAL, which will assess the position according to the type of services involved.

In any case, any modification or cancellation of the order by the purchaser is subject to specific agreement by Perle VIP INTERNATIONAL.

Should Perle VIP INTERNATIONAL refuse to proceed with the modification or cancellation of the order requested by the purchaser :

 

-       The price of the order will remain due by the purchaser

-       Amounts already paid by the purchaser (full price or account) will not be returned to him under any circumstances.

 

ARTICLE 3: PAYMENT OF THE ORDER

 

a)    Price of the order

 

Services will be invoiced on the basis of prices that have been specifically indicated, in euros, inclusive of all taxes, when confirmation of the order is made by Perle VIP INTERNATIONAL

 

b)    Payment terms for the order

 

The purchaser will pay Perle VIP INTERNATIONAL directly by cheque or bank transfer to Perle VIP INTERNATIONAL’s account on receipt of the invoice issued by Perle VIP on the date of acceptance of the order. 

In any case, no services will be provided before full payment of the corresponding invoice, at least thirty days prior to the date of performance of the services.

If performance deadlines for the service(s) are longer than thirty days, an account of 30% will be requested, with the balance due 30 days prior to the date of performance of the services.

 

c)    Late payment

 

Pursuant to law n° NRE of 15th May 2001, modifying articles 441.3 and 441.6 of the Commercial Code, invoices are payable on receipt of the invoice and delays of over seven days lead to interest calculated at the rate of one and a half times the legal interest rate.

In case of late payment on the part of the purchaser, orders may be cancelled without prior notice or payment of any compensation and/or legal action.

 

d)    Failure to pay

 

Failure to pay an invoice at its due date authorises Perle VIP to cancel orders or deliveries in hand, without prior notice or payment of any compensation and/or legal action and without prejudice to recovery of amounts remaining due by the purchaser.

 

ARTICLE 4: DELIVERY

 

a)    Delivery terms

 

Delivery terms for the service(s) ordered will be fixed when the written order confirmation is sent to the purchaser by Perle VIP INTERNATIONAL.

 

b)    Delivery times

 

Delivery times will be indicated at the time of written confirmation, which will be sent to the purchaser by Perle VIP INTERNATIONAL.

Despite every care with strict observation of the agreed deadlines, Perle VIP INTERNATIONAL cannot be held liable for any damage or loss caused by late delivery of a service.

Failure to comply with agreed delivery times will not lead to any kind of compensation whatsoever due by Perle VIP INTERNATIONAL.

 

ARTICLE 5: RIGHT OF WITHDRAWAL

 

Pursuant to article L.121-20 of the Consumers’ Code, the purchaser has a period of seven (7) clear days within which to exercise his right of withdrawal exclusively with Perle VIP INTERNATIONAL, counting from the date of receipt of the estimate offer from Perle VIP INTERNATIONAL.

When the seven (7) day period expires on a Saturday, Sunday or public holiday it will be extended to the next following working day.

This right of withdrawal may be exercised without having to give reasons or having to pay any penalties, with the exception, where applicable, of the cost of returning any goods.

Any costs involved in sending goods back remain exclusively payable by the purchaser and only the service purchased, or the account paid will be fully reimbursed.

Goods may be either exchanged or reimbursed by Perle VIP INTERNATIONAL exclusively.

In any case, no return, exchange or reimbursement will be accepted after the seven (7) day time period counting from acceptance of the estimate offer for the service provision.

The purchaser must send a letter of withdrawal by registered mail with recorded delivery to Perle VIP INTERNATIONAL.

This right of withdrawal does not apply to service provisions of a tourist nature.

 

ARTICLE 6: LIABILITY

 

The purchaser specifically agrees that Perle VIP INTERNATIONAL, in its capacity as broker and more generally as mere intermediary, is not bound to any obligation of means.

Perle VIP INTERNATIONAL will consequently not be liable to pay, for whatsoever reason, any compensation of any kind whatsoever; only the supplier’s liability may be incurred.  

The subscriber will therefore send directly to the service provider concerned any request for payment of damages or any request for compensation relating to the service ordered through the intermediary of Perle VIP INTERNATIONAL.  

Perle VIP INTERNATIONAL is exonerated from all liability relating to performance of the sales contract and delivery of the services ordered.

Perle VIP INTERNATIONAL may pass on to the supplier any letters of complaint received in this way from the subscriber.

Perle VIP INTERNATIONAL will not under any circumstances be held responsible for failure to perform its obligations in case of force majeure, as defined by the Civil Code, and specifically in case of total or partial strike, flood, fire, computer failure, etc. (this list is not exhaustive).

 

ARTICLE 7: PROTECTION OF PROFESSIONAL INFORMATION (CNIL)

 

Pursuant to the law of computerised data and personal freedom of 6th January 1978, the purchaser has a right of access, rectification and opposition to personal data concerning him.

For this purpose the purchaser merely has to request access from Perle VIP INTERNATIONAL, on line or by post, indicating his last name, first name and address.

 

ARTICLE 8: LAW APPLICABLE TO THE CONTRACT

 

Perle VIP INTERNATIONAL is a company incorporated under French law. The law applicable to contractual relations is French law, exclusively.  

 

ARTICLE 9: DISPUTES

 

Any dispute involving interpretation or performance of these general sales terms will be subject to French law. If no out of court solution can be found the dispute will be brought before the civil courts with jurisdiction.