General Terms and Conditions of Sale
DEFINITION OF PARTIES
Between Richnrighteous Services LLC,
5853 NE 2nd Avenue, Miami.
registered with the Miami Registry of Commerce and Companies,
represented by David Hervier
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter referred to as the "Buyer" or "Customer".
On the other hand,
The Vendor is a booking agency, i.e. a service provider for tourist products, activities and services in Miami. offered by local Partners with the Customer and marketed via its website (https://frenchvipservice.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1 - PURPOSE
The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products and Services offered by the Vendor.
ARTICLE 2 - GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTS) apply to all sales of Products, or Services made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company's website at the following address: https://frenchvipservice.com/legal-en. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares that he has read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale linked to a product or service and accepts them without restriction or reservation. The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he can contract legally under French law or validly represent the natural person or legal entity for which he is committing himself. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 - PRICES
The prices of the products sold through the websites are indicated in Dollars all taxes included (VAT + other possible taxes) on the product order page and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They will be payable by the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future according to the changes made by its Partners according to the seasons. The telecommunication costs necessary to access the Company's websites are the responsibility of the Client. Where applicable, delivery costs are also payable by the Customer.
ARTICLE 4 - CONCLUSION OF THE ONLINE CONTRACT
The Customer will have to follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete his order. However, the steps described below are systematic :
- Information on the essential characteristics of the Product ;
– Choice of the Product, its options, if any, and indication of the Customer's essential data (identification, address, etc.) ;
– Acceptance of the present General Terms and Conditions of Sale.
– Verification of the elements of the order and, if necessary, correction of errors.
– Follow-up of payment instructions, and payment of the products.
– Delivery of the products.
The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it accompanied by a detail of the bus schedules and addresses for the Pick-up. He will receive a .pdf copy of these general terms and conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide true identification details. The Vendor reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 - PRODUCTS AND SERVICES
As French VIP Service is an agency that puts the Customer in contact with local Partners offering activities, its role is limited to taking care of reservations and validating them with the Partner and then the Customer for confirmation of pick-up times. Anything that occurs outside of these actions is not the responsibility of French VIP Service or Richnrighteous Services LLC.
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The client certifies having received a detail of the booking fees (deposit for the booking + remains to be paid to the Partner on the day of the activity) as well as the terms of payment, delivery and execution of the contract. The Vendor undertakes to honor the Customer's order within the limits of available stocks only. Failing this, the Vendor shall inform the Customer. This contractual information is presented in detail and in the French language if the Customer is of French nationality or in English if the Customer is of foreign origin. In accordance with French law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the sales pages of the Products, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated).
The Vendor may only be required to reimburse the deposit paid on the site and only in the event of cancellation on his part, if, for example, he is unable to make the reservation. In case of cancellation by the Partner due to lack of space or by the Client/Buyer for any reason concerning him/her, BEFORE the date of the activity and the payment of the remaining amount to be paid, the Vendor may be led to propose an exchange on the same product only within a maximum period of 6 months from the date of the initial reservation of the activity.
The role of French VIP Service is only limited to putting the Customer in contact with the Partner and booking with the latter. In fact, the reimbursement of the remaining amount to be paid in the event of cancellation by the Partner for any reason whatsoever, such as problems related to immigration (expired passport, Visa or ESTA, etc.), the impossibility of carrying out certain activities due to weather conditions or other reasons, is solely the responsibility of the Partner. Refunds are then to be requested from the Partner by contacting him/her by email or in writing, according to the information in the invoice provided at the time of payment.
ARTICLE 6 - RESERVATION OF OWNERSHIP CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 - PICK-UP/DROP OFF
Every pickup includes a drop-off.
Pick-up is included in the activity when the Client is staying in the South Beach and Miami-Downtown areas.
An additional $15/person will be charged by the seller if the Customer is located in the Miami area, outside of the two neighborhoods mentioned above. This case is also valid for Customers staying in Brickell.
No Pick-up will be available if the Customer is located outside the Miami area.
ARTICLE 8 - AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 9 - PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card. Secure online payment by credit card is made by our payment providers, PayPal and Stripe. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Vendor to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled.
ARTICLE 10 - RETURN POLICY
The right of cancellation can only be applied for an exchange, by contacting the Company by email or telephone.
The right of cancellation is no longer valid for activities and services fully paid for and performed with the Partner.
With the refund option ruled out, the Vendor will then propose an exchange on the same product to the Customer, which the latter must carry out within 6 months from the date of completion of the previously cancelled activity or service.
ARTICLE 11 - GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Vendor will reimburse the buyer only if the Vendor cancels the order by himself. In the event of unavailability of the product or a cancellation by the Customer or the Partner, the Vendor may propose to the Customer an exchange on the same product to be used within a maximum period of 6 months from the date of completion of the activity.
The exchange request must be made by contacting the Vendor by email or in writing.
The refund request for an activity paid to the Partner must be requested from the Partner by email or in writing according to the information given in the invoice provided after payment.
ARTICLE 12 - CLAIMS
If need be, the Buyer may submit any complaint by contacting the company by email or by simple letter.
ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Likewise, the seller authorizes itself to reuse photos and videos of its customers for commercial and informative purposes. If you do not wish your photos and/or videos to be reused by the seller, please inform him/her by email at firstname.lastname@example.org, specifying the URL link of the page used and the visual concerned or, if not, a description or a detail allowing easy identification.
ARTICLE 14 - FORCE MAJEURE
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of an unforeseeable circumstance or force majeure that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 - NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
ARTICLE 16 - RGPD AND PERSONAL DATA PROTECTION
In accordance with the European and American regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to the collection and use of this data by us for the fulfilment of this contract.
ARTICLE 17 - APPLICABLE LAW
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to both French and American law.