General Terms and Conditions of Sale

1. PREAMBLE

Sarah DEHLINGER, Sole Trader, registered in the SIRENE Directory under number 5326841800034, with its registered office located at 55 Boulevard de Charonne, 75011 PARIS. In the course of its business activities, Not a Cliché (hereinafter referred to as the “Seller”) offers for sale guided tours in Paris to consumers, on foot.

2. DEFINITIONS

Client: Refers to any natural person acting for personal purposes, independently of any commercial, industrial, artisanal, liberal, or agricultural activity.
Order: Refers to any purchase of Services by the Client from the Seller on the Website.
General Terms and Conditions of Sale: Refers to this document, hereinafter referred to as “GTC.”
Contract: Refers to the GTC and the Order.
Service: Refers to the guided tours offered on the Website by the Seller, particularly the tourist tours taking place in Paris and conducted on foot. Offers of Services and prices are valid as long as they are offered for sale and within the limits of available spots.

Website: Refers to the website accessible at www.not-a-cliche-paris.com.

3. SCOPE OF APPLICATION

3.1. The Seller’s sales are exclusively governed by these GTC, to the exclusion of any other documents such as brochures, prospectuses, catalogs, documentations provided by the Seller, which are only provided for informational purposes and have indicative value. Therefore, placing an order with the Seller implies the Client’s full and unconditional acceptance of these GTC and the pricing conditions in effect on the day the Order is accepted by the Client, which prevail over any other document of any nature whatsoever, including general purchase conditions, specific conditions, purchase orders, brochures, faxes, and/or emails from the Client.

3.2. The Client orders the Products for their personal needs, outside of any professional activity.

4. ORDERS

4.1. To order the tour, the Client logs in to the Website, clicks on the activity they wish to book (Season 1: “Heart of Paris,” Season 2: “Le Marais,” Season 3: “Paristagram,” etc.). It is specified that the price varies depending on the selected tour and the number of participating adults.

4.2. The Client is then asked to provide their information necessary for the management of their Order, including their name, first name, email address, phone number, and postal address. Mandatory information is indicated by an asterisk in the form and constitutes the Seller’s customer file. In this regard, the Client is invited to refer to Article 11 of the GTC, “PERSONAL DATA,” to learn about their rights.

4.3. The Client must then check the box “I accept the general terms and conditions of sale,” select the payment method (credit card, PayPal, wire transfer, or cash on the day of the tour), click on “Finalize the order” to be redirected to the payment module of etransactions, or click on “Cancel” to return to the store’s homepage. The Client cannot technically finalize the Order and legally place the Order if they have not checked the box “I accept the general terms and conditions of sale,” which links to these GTC. By placing an Order, the Client agrees to comply with the terms and conditions of these GTC. Checking the box is proof of the Client’s acknowledgment and unconditional acceptance of all GTC that are binding on them. Each Order will be subject to an invoice prepared in accordance with the provisions of the Contract after the Service.

4.4. Once the Order is placed and payment is received, the Seller sends the Client an email confirmation of the Order summarizing the contractual information relating to said Order. The Contract is then concluded between the Client and the Seller.

4.5. The Order is firm and final upon subscription to the Service by the Client through the Order. However, in the event of an error, the Client has a 30-minute period to modify their Order by sending an email to booking@not-a-cliche-paris.com. Beyond this period, the Order cannot be modified, and the Client remains liable for payment for the Service related to the said Order. Any new request must be the subject of a new order with the Seller.

4.6. The Seller undertakes to honor the Orders received only within the limit of available spots and in view of the indications provided on the Website regarding booking times and the resulting visit schedules.

4.7. Client Data Compliance: The information provided by the Client during the Order is binding on them. The Seller’s liability cannot be engaged if the data transmitted by the Client to generate their Order is incorrect (and does not allow the execution of the service, or allows it but with delayed timing). For example, an error in selecting the chosen tour, an error in the email address, etc.

5. PAYMENT TERMS

5.1. Services are sold at the rate in effect on the day of the Order. Prices are in Euros, all taxes included.

5.2. The Seller reserves the right to modify its prices at any time, but the Services will be invoiced based on the rates in effect (displayed prices) at the time of the Order by the Client.

6. RATES

6.1. The price charged to the Client is the price indicated during the Order and on the order confirmation sent by the Seller to the Client as per Article 4.4. herein.

6.2. Payment for Services can be made by credit card, PayPal, or Alma.

6.3. Services will not be provided by the Seller in the event of non-payment or partial payment.

7. DELIVERY

7.1. The Seller offers the Service to the Client under the conditions and at the times agreed upon in the Order.

7.2.1. The Client agrees to respect the guided tour schedules and meeting places confirmed to them in the confirmation email as mentioned in Article 4.4. In case of delay, the Client may be denied access to the guided tour without the possibility of a refund, and the Seller cannot be held liable.

7.2.2. Any service that is interrupted, abbreviated, or not consumed by a Client, for any reason whatsoever, will not be eligible for a refund. Any delay (as mentioned in Article 7.2.1.) or non-presentation of the Client is considered as a withdrawal and is not subject to a refund.

7.3. Any delay in the execution of the Service due to circumstances beyond the Seller’s control (and other than a force majeure event, such as, for example, an incorrect hotel address provided in the Order by the Client) cannot result in the cancellation of the Order. The Seller’s liability cannot be engaged for any damage resulting from this delay or resulting from any error on the part of the Client provided in the Order.

7.4. In the event that the Seller or its partners encounter an impediment preventing them from providing the Service, the Seller undertakes to arrange for an equivalent service provider to perform the service. If an equivalent service provider is unavailable, the Seller commits to offering the Client the option to agree to an alternative equivalent service. In case of impossibility or refusal by the Client, the Seller undertakes to refund the amounts paid by the Client for the Order.

7.5. The Seller is automatically released from any liability in the event of force majeure or events such as lockouts, strikes, epidemics, war, requisition, fire, flooding, tool accidents, transport delays, or any other cause leading to partial or total cessation of work for the Seller or its partners. The Seller shall inform the Client in a timely manner of the aforementioned cases and events. Any delay in the execution of the Service due to a characteristic event of force majeure shall result, at the Seller’s choice, in either the outright cancellation of the Order, an extension of the execution period of the Service, or the delivery of a Service with similar characteristics, and neither party shall be entitled to claim compensation.

8. EXCLUSION OF RIGHT OF WITHDRAWAL

The Client acknowledges that they cannot avail themselves of the 14-day withdrawal period (as provided in Article L.121-21 of the Consumer Code), which is inapplicable in this case in accordance with the provisions of Article L.221-28-12° of the Consumer Code, which excludes certain contracts from the scope of the withdrawal period, including contracts related to leisure activities to be provided on a specific date or during a specific period. Article L.221-28 of the Consumer Code provides that “The right of withdrawal cannot be exercised for contracts: (…) 12° For services related to accommodation, other than residential accommodation, transport of goods, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period.”

9. INSURANCE

The Seller has taken out professional liability insurance with MMA to cover its professional liability. The Client, on the other hand, is responsible for any damages that occur as a result of their actions and undertakes to take out liability insurance.

10. LIABILITY

The Seller is responsible for the tourist visits contracted under these general terms and conditions of sale, except for exemption from all or part of its liability by proving that the damage is attributable either to the Client, or to a third party not involved in the provision of the travel services included in the Contract, and has an unforeseeable or unavoidable character, or to exceptional and unavoidable circumstances in accordance with the provisions of Article 11.

As part of the tourist visit offered by the Seller, the latter includes the use of a service provider to provide transportation. Therefore, in the event of a failure of the said service provider or an incident such as, notably, a road accident, death, disability, or other, the Seller shall not be held liable. A dissatisfied Client should submit any claims to the said service provider in order to pursue their potential liability.

11. TECHNICAL TESTING OF THE SITE AND REVIEW FUNCTIONALITY

In the interest of ergonomic quality and technical verification following its launch, Guides France was led to publish sample reviews of its products and blog articles between July 15, 2021, and November 1, 2022. These reviews were intended to ensure that all features offered to users are operational. FORCE MAJEURE – FAULT OF ONE PARTY OR UNFORESEEABLE AND INSURMOUNTABLE ACT OF A THIRD PARTY The liability of either party cannot be sought if the execution of the contract is delayed or prevented due to a force majeure event or an unforeseeable event as defined by legal provisions and jurisprudence. One party shall not be liable in the event of non-performance or improper performance of the contract attributable to the other party or an unforeseeable and insurmountable act of a third party to the Contract as provided for in Article 7.5.

12. PERSONAL DATA

12.1 The Seller is committed to complying with legal and regulatory provisions regarding privacy and the protection of personal information. Therefore, the data (Client’s name, first name, phone number, email address, postal address) collected and processed by the Seller is used solely for the purpose of managing the Client’s Order and its follow-up, as well as for enhancing and personalizing communication and Service offers, including newsletters. This data is only communicated to third-party partners responsible for managing the Order and providing the Service, excluding any other third parties.

12.2. All information concerning Clients is intended for the Seller for the purpose of creating a customer file. This data is retained by the Seller for a period of one (1) year from the date of the last order, a reasonable duration in view of the aforementioned purpose. This data is kept securely, using current technology means, in compliance with the provisions of the “Information Technology and Liberties” law.

12.3. In accordance with the European General Data Protection Regulation (GDPR) and Act No. 78-17 of January 6, 1978, as amended, relating to information technology, files, and liberties, the Client has the right to access, rectify, erase, modify their personal data, withdraw their consent, and define directives regarding the fate of their data after their death, within the limits and conditions provided by data regulations, by sending a written request accompanied by a photocopy of the Client’s identity document bearing their signature, to booking@not-a-cliche-paris.com, or by postal mail addressed to Madame Sarah DEHLINGER, 55 boulevard de Charonne, 75011 PARIS.

13. AMICABLE RESOLUTION OF DISPUTES

13.1. In the event of a dispute, the Client must contact the Seller by mail at the following address: Sarah DEHLINGER, 55 boulevard de Charonne, 75011 PARIS, or by phone at +33618255303 from Monday to Friday, from 9:00 am to 12:00 pm and from 2:00 pm to 5:00 pm, excluding holidays or non-working days (Article R. 221-2 of the Consumer Code).

13.2. In the absence of resolution of the dispute within 21 days following the complaint, the Client may contact the Tourism and Travel Mediator, who will seek an amicable settlement free of charge. The postal address is as follows: MEDIATION TOURISME ET VOYAGE, BP 80303 – 75823 PARIS Cedex 17.

14. MISCELLANEOUS PROVISIONS

Failure to exercise, partial exercise, or delay in exercising the rights provided for in these Terms and Conditions does not constitute a waiver of the exercise of these rights or any other rights. Any waiver or modification of these Terms and Conditions will only be effective if provided in a written document. If any provision of these Terms and Conditions is deemed null and void, it shall be deemed unwritten, but the other provisions shall retain their force and effect, unless the Parties consider this provision to be essential in good faith.

15. APPLICABLE LAW AND DISPUTES

15.1. These Terms and Conditions are subject to French law.

15.2. In the absence of an amicable agreement or an attempt at an amicable settlement, the Client may bring the matter to court for any dispute relating to the