TERMS OF SALES
TERMINOLOGY
“The Customer” designates any natural or legal person who calls on the services of THE BLACK LION Company and concludes on this occasion, a contract for the purpose of a one-off service or a Subscription;
« The Subscription Contract » or « the Contract » means the contract concluded between the Client and the Company THE BLACK LION. The subscription contract is a Contract giving the subscribed Customer the right to benefit from all the Services offered by THE BLACK LION for a period and under the conditions defined in said Contract, against payment of a fixed price.
« The Intermediary » means the Company THE BLACK LION, the main characteristics of which appear in the legal notices of this Site;
« The Service Provider » means the external professional to whom THE BLACK LION reserves the right to call upon to carry out a service request from the Customer. As such, THE BLACK LION Company is a simple intermediary in the relationship between the Client and the Service Provider;
« The Site » refers to this web page accessible from your internet browser;
« The User » means any person browsing the Intermediary’s Site.
PREAMBLE
The mission of THE BLACK LION (« the Intermediary ») is to provide services and advice to its clients (the « Client »), with the aim of facilitating the management of their daily lives, through professionals. Thus, the Intermediary will only establish a link between the Client and the various service providers (the « Service Provider »).
The obligation incumbent on the Intermediary constitutes an obligation of means.
The Customer must be at least 18 years old and have the legal capacity to contract to accept these General Conditions of Sale and Use.
Article 1 – Content and scope
These general conditions of sale apply automatically to the provision of services carried out by the Intermediary, at the request of the Customer.
These services relate to putting the Client in touch with various Service Providers intervening in particular in the following areas:
The transport of people: private drivers, transfers, vehicle rental, jet charter trips…;
Events: organization of parties, weddings, or any other event that may include the provision of a driver and security guards;
The trip ;
The well-being ;
Wine and gastronomy;
Top-of-the-range services; – Personal services; – Real estate.
These general conditions apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet or through other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the quote by the Customer or on the date of conclusion of the contract if no quote has been established.
Any request or order implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the Intermediary.
The Customer declares to have read these general conditions of sale and to have accepted them before placing his order.
Article 2 – Pre-contractual information
2.1 Prior to placing the order and concluding the contract, the Customer acknowledges having received communication, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
2.2 The following information is sent to the Customer in a clear and understandable manner:
the essential characteristics of the service offered; – the price of said service.
2.3 The Intermediary communicates to the Client, before the conclusion of the contract or, in the absence of a written contract, before the performance of the service, the following information:
its name or corporate name, the geographic address of its establishment and, if it is different, that of the registered office, its telephone number and its e-mail address;
the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for handling complaints;
the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of an indefinite contract.
Article 3 – Order
By order, we mean any order relating to the services performed by the Intermediary, and accepted by him, accompanied by the payment of the deposit or the price corresponding to the service and / or the Subscription.
The Customer has the possibility of ordering online, from this Site and for all the services which are eligible therein.
In the event of unavailability of a service and / or a subscription ordered by the Customer, the latter will be informed as soon as possible by e-mail.
For the order to be validated, the Customer must accept, upon delivery or by clicking in the place indicated, these general conditions.
Thus, any order entails full adherence and acceptance of these general conditions of sale and obligation to pay for the services ordered.
Any order received by the Intermediary is deemed to be firm and final.
In the event of an online order, the sale will be considered final:
after sending the Customer confirmation of acceptance of the order via email;
and after receipt by the Intermediary of the full price.
However, requests are subject to prior acceptance by the Intermediary. The latter reserves the right to refuse a request for just cause under the terms of Article L122-1 of the Consumer Code.
The Intermediary undertakes to notify the Customer of the acceptance of his order within 48 working hours of his request.
Each Customer undertakes to provide the Intermediary, at the time of ordering, with accurate information. Any missing information is likely to delay the validation of the order. The Intermediary cannot be held responsible for the consequences of any incomplete, erroneous or false information communicated by the Member.
Each Client must communicate to the Intermediary, voluntarily and spontaneously and as quickly as possible, any change in their personal data.
Article 4 – Quotation
For services giving rise to the establishment of a prior estimate, the sale will only be considered final after acceptance of the estimate by the Customer.
Quotes prepared by the Intermediary are valid for TEN (10) days.
Article 5 – Electronic signature
The online provision of the Customer’s bank card number and the final validation of the order will constitute proof of the Customer’s agreement:
payment of amounts due under the order form,
signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is noted, to contact the Intermediary via the number provided on his Site.
Article 6 – Order confirmation
The Intermediary provides the Client with a copy of the contract, on paper signed by the parties or, with the Client’s agreement, on another durable medium, confirming the express commitment of the parties.
Article 7 – Proof of the transaction
The computerized registers, kept in the Intermediary’s computer systems, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 – Performance of the service and termination of the contract for non-performance
Unless expressly specific conditions specific to the sale, the performance of the service will begin from the receipt by the Intermediary of an order in due form.
In the absence of indication or agreement as to the execution date desired by the Client, the Intermediary performs the service without undue delay and at the latest within FIFTEEN (15) days after the conclusion of the contract.
Article 9 – Right of withdrawal – Refund
In accordance with articles L.221-18 et seq. Of the Consumer Code, the Customer having subscribed to a service via a distance contract, has a period of fourteen (14) clear days from the day of the conclusion of said contract, to exercise the right of withdrawal without having to justify reasons or pay penalties. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday, it is extended until the first following working day.
If the Customer decides to use his right of withdrawal, the Intermediary must reimburse the consumer for all sums paid, without undue delay and at the latest within 14 days from the date on which he is informed of the consumer decision to withdraw.
However, the right of withdrawal does not apply to services fully performed before the end of the withdrawal period and whose performance has started with the Customer’s agreement or express request.
Article 10 – Cancellation of the order – Termination
10.1 In the event of cancellation of the order by the Customer, for any reason whatsoever except force majeure, the sums paid by the Customer to the Intermediary will be acquired, as damages, in compensation for the damage thus suffered. .
10.2 The Customer may terminate the Contract, by registered letter with acknowledgment of receipt, with three (3) months’ notice. However, if the Client terminates the Contract under these conditions, after the start of the organization of the service, it is expressly agreed between the parties that the Client agrees to pay for the service.
In addition, the parties will have the possibility of automatically terminating the Contract in the event that the other party does not respect its contractual obligations, 15 days after the sending of a formal notice sent by registered letter with acknowledgment of receipt to the defaulting part, aimed at the violation, and remained ineffective.
Article 11 – General – Price list – Subscription contracts
The prices are firm and final. Unless express specific conditions specific to the sale, the prices of the services provided are those appearing in the details of the subscriptions and prices of the services provided by the Intermediary.
The Intermediary reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
They are expressed in euros and stipulated exclusive of tax.
The following costs may also be added to these prices: administration costs, management costs or various administrative costs.
Each Customer is responsible for his Subscription, which is strictly personal to him, and must take all necessary measures to ensure that no one other than himself or his own uses it on his behalf.
The services offered by the Intermediary are as follows:
The rate schedule per time spent, excluding the Subscription Contract:
For any service of less than 1 hour: 79 € HT;
For any service exceeding 1 hour and less than half a day (4 hours time): 159 € HT;
For any service exceeding half a day and less than a day: 249 € HT.
Package offers, applying to any service of a
Our membership packages:
Article 12 – Payment
12.1 For any off-site order
Any deposit paid with the order is considered as a deposit.
Except in cases of force majeure, the deposit paid with the order is automatically acquired and cannot give rise to any reimbursement.
In the case of a service performed on the basis of the price schedule per time spent and a « TRAVELER » or « NO LIMIT » daily subscription:
Unless otherwise expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.
In the case of a service provided on the basis of the conclusion of a « BUSINESS », « EXCLUSIVE » or « ELITE » Subscription Contract:
The first payment is made at the conclusion of the Contract and the following ones will be made on the 5th of each month by SEPA direct debit or bank transfer to the Intermediary’s account.
Any payment made by the Customer will only be considered final after actual receipt of the sums due.
The sums paid in advance bear interest at the legal rate at the end of a period of 3 months from the payment until the performance of the service, without prejudice to the obligation to perform the service.
Interest is deducted from the balance to be paid at the time of performance of the service.
An invoice will be given to the Customer on request.
12.2 For any online order
This is an order with an obligation to pay, which means that placing the order involves payment from the Customer.
To pay for his order, the Customer has his choice of all the payment methods made available to him by the Intermediary and listed on the Site.
For monthly or expired subscriptions, and with the Client’s agreement, the Intermediary may keep the Client’s bank details or set up a SEPA direct debit mandate so that payment for each service ordered can be carried out, at the agreed periods. .
The Customer guarantees the Intermediary that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The Intermediary reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by bank card from officially accredited bodies or in the event of non-payment. In particular, the Intermediary reserves the right to refuse to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The Intermediary has put in place an order verification procedure to ensure that no one is using another person’s bank details without their knowledge.
As part of this verification, the Customer may be asked to send the Intermediary by e-mail a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification by the intermediary of the documents sent.
12.3 Finally, it is recalled that the Intermediary is required in the majority of cases to simply put the Client and the Service Provider in touch. In this case, each Service Provider will be paid directly by the Customer.
However, if the Client consents, the Intermediary may directly invoice the Client for all the services ordered. The purpose of this will be to simplify and lighten the Customer’s payment procedure. The Intermediary will ultimately pay for each service. The Intermediary will keep the Service Providers’ invoices and produce them at the Customer’s simple request.
Article 13 – Guarantee – Liability
13.1 The Intermediary’s guarantee is limited to reimbursement of the services actually paid for by the Customer.
The Intermediary cannot be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure.
13.2 The Client acknowledges and accepts that the Intermediary acts according to the requests as expressed in the requests he transmits.
The Intermediary cannot therefore be held responsible in the event of an error which the Customer, in any way, is responsible for.
The Intermediary takes the greatest care in the choice and selection of its Partners. However, it cannot be held responsible for the actions of a Partner.
13.3 The Intermediary is bound by an obligation of means, and may not incur, for whatever reason, any compensation of any kind whatsoever relating to the services ordered on behalf of its Customers. Consequently, any request for compensation or any other request for repair relating to the product or service ordered by the Customer must be addressed to the Service Provider in question, who shall study
Article 14 – Protection of personal data
14.1 Collection of personal data
The personal data collected on this Site are as follows:
Your first and last name and, where applicable, the name of your Company;
Your email address ;
Your phone number ;
Financial data, if applicable.
This information is collected via the « Contact us » section of the Site.
The use of the services provided on the Site makes it possible to complete a customer file, which may include an address and a telephone number.
As part of the payment for the products and services offered on the Site, the Publisher may be required to keep financial data relating to the bank identity statement or the user’s credit card, for the sole purpose of carrying out the service requested by the user.
The data controller is Mr. Patrick LOMONACO.
Cookies are used as part of the use of the Site. The user has the option of deactivating cookies from their browser settings.
14.2 Use of personal data
The personal data collected from users is intended to provide the services of the Site, to improve them and to maintain a secure environment.
More specifically, the uses can in particular be the following:
access and use of the Site by the user;
management of the operation and optimization of the Site;
organization of the conditions of use of the Payment Services;
verification, identification and authentication of data transmitted by the user;
implementation of user assistance;
personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;
prevention and detection of fraud, malware (malicious software) and management of security incidents;
management of any disputes with users;
sending commercial and advertising information, based on user preferences.
14.3 Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the Publisher reserves the right to be in contact with third-party banking and financial companies and to conclude, if necessary, contracts with these latest;
- when the user publishes publicly accessible information in the free comment areas of the Site;
- when the user authorizes a third party’s website to access their data;
- when the Publisher uses the services of Intermediaries to provide user support, advertising and payment services. These Intermediaries have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff ;
- if required by law, the Publisher may transmit data to respond to claims against the Site and comply with administrative and legal procedures;
- if the Publisher is party to a merger, acquisition, asset transfer or reorganization proceeding, he may be required to sell or share all or part of his assets, including personal data. In this case, users would be informed, prior to the transfer of personal data to a third party.
- Security and confidentiality ; The Publisher applies organizational, technical, software and physical measures in digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Site cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
- In application of the regulations applicable to personal data, users have the following rights:
- they can update or delete data concerning them by sending a letter to the Company’s head office or an electronic message to the following address: contact@the-black-lion.com. It should be noted that information shared with other users, such as publications on forums, may remain visible to the public on the Site, even after the deletion of their personal data and / or customer account;
- they can exercise their right of access, to know their personal data, by sending a letter to the registered office of the Company or by e-mail.
- they can exercise their right of access to know their personal data by sending a letter to the Company’s head office or by writing to the following email address contact@the-black-lion.com. In this case, before implementing this right, the Publisher may request proof of the user’s identity in order to verify its accuracy;
- if the personal data held by the Publisher are inaccurate, they can request the updating of the information, by sending a letter to the registered office of the Company or by writing to the following email address: contact @ the-blacklion .com.
14.6 Evolution of this clause
The Publisher reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to said clause, the Publisher undertakes to publish the new version on its site. The Publisher will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his customer account.
Article 15 – Intellectual property
The content of the Site and all technical documents, products, drawings, photographs given to Customers remain the exclusive property of the Intermediary or the Service Provider, the sole holder of the intellectual property rights over these documents, and must be returned to him at his request.
Customers undertake not to make any use of these documents, which may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.
Article 16 – Data processing and Freedoms
The personal data provided by the Customer are necessary for processing their order and preparing invoices.
They can be communicated to the Service Providers or to any partner of the Intermediary responsible for the execution, processing, management and payment of orders.
The processing of information communicated through this Site has been declared to the CNIL.
The Customer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Site.
Article 17 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 18 – Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 19 – Competent court
All disputes to which the services concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been resolved at the amicable between the Intermediary and the customer, will be submitted to the competent courts under the conditions of common law.
The Intermediary elects domicile at its registered office.
Article 20 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French version of our legal terms and terms of sale will prevail in the event of a dispute.
Article 21 – Mediation
The Customer may have recourse to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method in the event of a dispute.
