FOR PROFESSIONALS AND INDIVIDUALS
GENERAL CONDITIONS OF SALE E-COMMERCE
We invite you to carefully read the present general conditions of sale of the site, the acceptance and respect of which are necessary so that you can use the functionalities which are offered to you.
GENERAL PRESENTATION
The site https://eros-striptease.ch/ is Mr MASELLA ALAIN, Individual entrepreneur, having as trade name and trade name “EROS -STRIPTEASE”, registered in the Trade and Companies Register of BOURG-EN-BRESSE, under the number 539805093 and whose registered office is at 62 rue de Meyrins – 01210 Ferney-Voltaire.
As part of his activity, Mr. MASELLA ALAIN offers to connect Internet users wishing to benefit from the services offered by independent artists offering artistic services. Thus, Mr. MASELLA ALAIN offers reservation requests for an artist for a performance.
These General Conditions of Sale (hereinafter “GTC”) set out the rules applicable to the use of the site which you agree to respect by accepting them as a customer (hereinafter “Customer”).
OBJECT
First of all, it should be clarified that, in accordance with the provisions of the introductory article of the Consumer Code, the following terms are understood to mean:
“consumer: any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity;
Non-professional: any legal person who does not act for professional purposes;
Professional: any natural or legal person, public or private, who acts for purposes which fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of a other professional.
With regard to professionals, these General Conditions of Sale constitute, according to article L.441-1 of the Commercial Code, the sole basis of the commercial relationship.
The purpose of these General Terms and Conditions of Sale is to define the conditions under which Mr. MASELLA ALAIN (hereinafter “the Seller”) connects artists (hereinafter the Artist) offering artistic services (hereinafter “the Services) with consumers, professional customers and non-professional customers (hereinafter “the Customer”).
The main characteristics of the Services are presented on the Seller’s website. Any photographs and/or graphics used to present the Services and the Artists have no contractual value and have the sole function of illustrating them and cannot engage the responsibility of the Seller.
The Customer is required to read it before placing an order. The choice and purchase of an Artist’s reservation for one or more Services is the sole responsibility of the Client.
These GCS are systematically communicated to all Customers prior to the conclusion of the contract and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them before the conclusion of the contract. The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the day of the conclusion of the contract.
WEBSITE ACCESS
In order to be able to access the site, the Customer must have the appropriate equipment, namely:
A computer or;
A smartphone;
An internet connection;
And possibly the necessary software.
Access to the site is free.
The costs of access to and use of the telecommunications network, such as the costs linked to the use of the remote communication technique, remain the responsibility of the Customer, according to the terms and conditions set by his access provider and his phone operator.
To find out more, the Customer is invited to carefully read the General Conditions of Use.
RESERVATION ORDERS OF AN ARTIST FOR A PERFORMANCE
Placing the order and creating a “Customer” account
The Customer is invited to select between one and three Artists for the Service he wishes to reserve.
The Artist and the selected Services can be consulted by the Client.
The Customer has the possibility to check the details of his order, his price and to correct any errors before confirming his acceptance.
It is the Customer’s responsibility to verify the accuracy of the order and to immediately report or rectify any errors found.
The registration of the order on the site is carried out when the Customer accepts the GCS by ticking the box provided for this purpose, validates his order by proceeding to the payment of the deposit. This validation involves the
acceptance of all of these T&Cs.
The sale will only be final after the Customer has been sent a confirmation text message for their reservation. The Customer is asked to provide a valid telephone number. The customer is informed that the Artist will contact him within 24 hours to establish the terms of the performance of the Service.
The data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer, in accordance with the provisions of article 1366 of the Civil Code.
In accordance with Article L.213-1 of the Consumer Code, contracts with orders greater than 200 CH are retained by the Seller.
Modification of the reservation [possibly when possible for the seller]
Any changes to reservations may be taken into account by the Seller only by sending an email to the Seller, on a case-by-case basis.
The Customer will receive confirmation of the change by email.
Failure to receive this email means that the modification of the order will not have been validated by the Seller. There is no need to repeat the process.
t should be emphasized that the Seller is not obliged to accept an order modification request.
Cancellation of the order
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may cancel his order in the following cases:
Either in the event of the exercise of his right of withdrawal when possible;
Either in the event of force majeure as defined in these T&Cs;
Or, apart from the aforementioned cases, at any time without reasons for the Customer. In the latter case, if the Customer has been debited from his payment, he will not be able to receive the refund.
The Seller or the Artist may cancel the Service but the Seller will make every effort to put the Customer in contact with other Artists. In the event of failure to connect with a replacement Artist, the Seller undertakes to reimburse the Customer within a maximum period of 30 days.
Postponement of the Reservation
In application of government decisions related to restrictions facing the Covid-19 epidemic that may be taken in the future, the Seller will offer the Customer a postponement of the reservation in the form of a credit note, without restriction of duration. The Seller cannot guarantee the availability of the same Artist on a date postponement.
If the Customer refuses to postpone the reservation later, he will not be able to obtain his refund.
PRICE OF THE SERVICE OF RELATIONSHIP AND THE PERFORMANCE OF THE ARTIST
The Linking Service is provided at the prices in force appearing on the site at the time the order is placed.
Prices are expressed in Euros, excluding taxes (or “HT”), and/or all taxes included (or “TTC”).
The prices do not take into account any discounts or promotions.
Discounts and/or promotions will appear on the order summary before the order is validated.
The prices of the Services will appear on the Site.
The price of the Artist’s Service must be paid on the day of the Service but before the start of its production.
PAYMENT TERMS
Means of payment
The price of the connection is payable in cash, in full, on the day the order is placed by the Customer, according to the following terms:
In Cash
by bank transfer
By credit card: CB, Visa, MasterCard, American Express, etc.
The Site uses the Stripe security system linked to the Site account. It is one of the most advanced and secure online payment solutions.
The Seller can issue an invoice at the Customer’s request.
Payment by credit card is irrevocable except in the event of fraudulent use of the Customer’s card. In this case, the Seller invites the Customer to reproach himself with his bank to request the cancellation of the payment.
The Seller uses a payment provider and refers the Customer to its own General Conditions of Use.
The payment of the Artist’s Service must be paid directly to the Artist according to his own terms before the start of the Service.
WITHDRAWAL PERIOD
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the confirmation of the Artist’s reservation order to exercise his right of withdrawal from the Seller, without having to justify reasons or pay penalty.
The right of withdrawal can be exercised online, using the withdrawal form available on the site, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, devoid of ambiguity, expressing the desire to retract.
A withdrawal form is provided in the appendix.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the connection for the Artist’s reservation.
The refund will be made within 14 days of notification to the Seller of the withdrawal decision.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
1° For the provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
Thus, if the reserved Service has taken place before the end of the withdrawal period, the Customer will have previously waived the right of withdrawal.
CUSTOMER OBLIGATIONS
The Client is informed that the Services can only be performed in the presence of three participants in total.
Otherwise, the Artist may refuse to perform the Service and the Client will be required to pay.
The Client undertakes to respect the Artist during the performance of the Service and thus undertakes to make comments and/or behave inappropriately. The Client guarantees the safety of the Artist. The Artist
reserves the right to terminate the Service, which will not give rise to reimbursement to the Customer.
The Customer is required to respect the times indicated when placing the order and to be reachable.
In the event of a delay due by the Client, the Artist reserves the right not to perform the Service and will not give rise to any refund.
The Client must make available to the Artist:
A clean, lighted, heated room, out of sight serving as a dressing room for the Artist can be prepared before the performance of the Service. In this regard, it is the Customer’s responsibility to disinfect the room;
A chair without armrests, without wheels, solid and stable. Stools and poufs are strictly prohibited in order to avoid any risk of the Artist falling;
A subdued atmosphere with indirect lighting or several accent lights;
A blindfold or scarf to cover his eyes;
Audio equipment (Bluetooth speaker type) to play the Artist’s soundtrack.
The Client undertakes to do what is necessary to respond to the Artist’s requests in order to ensure the smooth running of the Service.
The place of performance of the Service may take place:
Inside: the Customer must make as much space as possible and ensure the adequacy of the chosen environment in terms of volume and security;
Outside (garden, balcony, etc.): the Artist cannot perform a Performance outside if there is a risk of indecent exposure or exhibitionism.
OBLIGATIONS OF THE ARTIST
The Artist undertakes to provide accurate data, in particular on his age and being of legal age.
The Artist is an independent service provider. He is insured in his own name for the purposes of his activity. He guarantees compliance with his administrative, tax and accounting obligations.
The Artist declares to have the qualifications, skills, legal authorizations as well as the material means necessary to carry out the Services ordered by the Client.
The Artist undertakes to make every effort to perform the Service ordered satisfactorily, and in compliance with safety rules and standards. The Artist undertakes to provide a professional, artistic and devoid of vulgarity Service.
The Artist undertakes to be punctual and to respect the agreed schedule. In case of delay on his part, he must do what is necessary to compensate for the delay.
The Artist must regularly update his photo book.
The Artist guarantees the duration of the Service of at least 15 minutes and a presence of 45 minutes.
The Artist undertakes to contact the Customer within 24 hours of confirmation of the reservation.
In the event of cancellation on his part, the Seller reserves the right to request from the Artist the payment at his expense of the price of the connection paid by the Customer to the Seller.
The Artist undertakes to receive payment for his Service before the start of it. Failing this, the Seller shall not be liable in the event of difficulties and/or non-payment.
The Artist may refuse to perform the Service in the event that the place chosen by the Client is not suitable for his safety.
TERMINATION
These T&Cs may be terminated automatically by either Party in the event of non-performance by the other Party of one or more of its obligations.
In this case, the Party considering that its co-contracting party is breaching one or more of its obligations will notify the other Party of its intention to terminate the contract early, indicating the nature of the breach for which it is accused, by registered letter with acknowledgment of receipt.
Termination will only become effective at the end of a period of thirty (30) days after this notification, unless within this period, the Party given formal notice has satisfied its contractual obligation(s) as they were. provided for in the terms and conditions of the T&Cs.
Exercising this right of termination shall not exempt the Party having been put on notice to comply with the T&Cs from fulfilling the obligations contracted up to the effective date of the termination and this, without prejudice to the damages that it may have to pay to the other Party, supporting the non-performance of the contractual obligation.
Early termination will be notified by a new registered letter with acknowledgment of receipt and will take effect from its date of first presentation, the postmark being taken as proof.
This termination will take place automatically and without the need for judicial intervention.
The Seller may terminate at any time in the event of non-payment by the Customer.
INSURANCE
The Seller holds an insurance policy guaranteeing the pecuniary consequences of its civil and criminal liability.
SELLER RESPONSIBILITY
It should be remembered that the Seller is subject to an obligation of means. Thus, the Seller must implement all the means at its disposal to offer the Customer an Artist available for the requested Service, but the Seller cannot be held responsible in the event of failure.
The Seller cannot be held liable in the event of non-compliance by the Artist or the Client with their respective obligations.
The Seller cannot be held liable for damages caused during the performance of the Services, nor for the behavior and any offenses committed by the Artist or the Client.
In any event, the amount of the damage may not exceed the price of the product and/or service.
INTELLECTUAL PROPERTY
All the elements that make up the site, and in particular the brands, logos, texts, data, drawings, graphics, photos, animations, sounds, computer codes, layouts, assemblies of all or part of an element of the site, are and remain the property of the Seller or its assignees.
The reproduction of all or part of this site or the elements that compose it on any medium whatsoever is strictly prohibited, except with the express and prior authorization of the Seller. Reproduction is only authorized for the sole purpose of information for personal and private use. In general, any reproduction must imperatively mention the name of its author.
All of the site’s content (images, texts, database, etc.) is subject to current French and international legislation on intellectual property (copyright, trademark law, database law, etc.). ).
If the Customer notices that elements published on the site infringe copyright or other protected rights, please contact the Seller at eros-striptease@outlook.com or by mail at 62 rue de Meyrin 01210 Ferney- Voltaire.
Furthermore, it is recalled that in accordance with Article L.342-1 of the Intellectual Property Code, the downloading of all or a quantitatively substantial part of this database by the use of robots or any other automatic extraction process.
PROTECTION OF PERSONAL DATA
In accordance with the provisions in force and in particular with Law 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation No. 2016/679 General relating to the protection of natural persons with regard to the processing personal data and the free movement of such data (or “GDPR”), the Seller is required to collect personal data from the Customer necessary for the processing of his order and the establishment of invoices.
This data may be communicated to any partners, subcontractors of the Seller responsible for the execution, processing, management and payment of orders.
To find out the details of the Customer’s rights, the reasons for the processing and the measures taken to ensure its security, the Seller invites the Customer to go to the “Data confidentiality policy” page, and to read it carefully.
All photos of the artist sent to the client for the selection of his service provider remain the property of the artist and the client undertakes not to use them for any purpose other than that agreed, refrains from publishing them on the internet, magazines or any other means of publication.
The photos of the artist made available to the seller as part of an advertising visual, can only be used once the project flyer poster advertising visual has been completed and accepted by the artist. If the service provider cannot follow up on the presentation, the advertising visual, including photos of the artist, cannot be used without the consent and authorization of the service provider. The client may not further publish the content and pictures on the internet or magazine or any form of publication.
FORCE MAJOR
In accordance with the provisions of article 1218 of the Civil Code, “There is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1. »
The liability of either Party under these GCS is expressly excluded in the event of non-performance or delay, due to any case of force majeure.
By force majeure, we mean any event that the Parties could not reasonably foresee and control at the time of signing these GCS, and which is therefore of an inevitable, unforeseeable and irresistible nature.
If such a case of force majeure should occur, the Party affected by this event must immediately notify the other Party by notifying it within five (5) days of the occurrence of the said event. The performance of the services will then be suspended for the duration of the event. As soon as it has ended, the prevented Party will notify the other and must immediately resume the performance of the services.
Beyond a period of fifteen (15) working days from
occurrence of force majeure, the other Party may choose to terminate this contract, by notification to the prevented Party, without compensation.
NON-ASSIGNABLE GENERAL CONDITIONS
Except with the prior written agreement of the Parties, the benefit of these GCS cannot be transferred by any of the Parties to a third party.
ENTIRE TERMS AND CONDITIONS
These T&Cs express the entire agreement between the Parties. It replaces any prior agreement of the Parties having the same purpose.
The fact that one or other of the Parties does not take advantage, at a given time, of any of these conditions of the GCS, cannot be interpreted as a waiver of the authorized use of any of the present conditions.
NULLITY
The nullity of one of the clauses of these GCS does not entail the nullity of the whole and in general, if one or more stipulations of the GCS are held to be invalid or declared as such in application of a law, of “A settlement or following a final decision of a competent court, the other stipulations will retain all their force and scope.
The Parties then agree to replace the clause declared null and invalid by a clause which will relate most in terms of its content to the clause initially adopted, and given the initial intention of the Parties, in such a way as to maintain the economic balance of the T&Cs.
The same principles will apply in the event of incomplete provisions.
APPLICABLE LAW, MEDIATION AND JURISDICTION
The validity, performance or non-performance and interpretation of the T&Cs are governed by French law.
Prior to any contentious action, the Parties will endeavor to resolve amicably any dispute that may arise between them in relation to these GCS.
For consumer Customers, the Seller invites the Customer to write to him by email to inform him of his difficulty in order to find an amicable solution.
In the event of failure, consumer Customers may, if they wish, contact the consumer mediator, whose contact details are as follows:
The mediation process is free for consumer Clients.
In the absence of an amicable agreement, the dispute will be submitted to the jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal even in the event of a warranty claim or multiple defendants.
APPENDIX FOR CONSUMER CUSTOMERS
APPENDIX 1 – Withdrawal form
This form must be completed and returned only if the consumer Customer wishes to withdraw from the order placed on the site, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of Mr MASELLA ALAIN
Order of ………………………………………..
Order number: …………………………………………………..
Client name : …………………………………………………………………
Customer’s address: ………………………………..
Signature of Customer (only if notifying this form on paper):