Terms and conditions
Version n°1 dated 21st of february 2025
The following general terms and conditions of sale are written in French in their original version, which is the only valid version and takes precedence over any translated versions in foreign languages.
Article 1: Definitions
All terms with an initial capital letter are understood as defined below:
“Authentification”
Refers to the procedure used to control the access of a Client to their Client Account, by providing their username and password.
“T&Cs” or “General Terms and Conditions of Sale”
Refers to these general terms and conditions of sale, which apply to the contractual relationship between the Seller and the Client under the conditions outlined in Article 2.
“Client”
Refers to the individual contracting with the Seller for the purpose of benefiting from the Services.
“Consumer Client”
Refers to an individual acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, as defined in the Consumer Code.
“Professional Client”
Refers to an individual acting for purposes within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.
“Client Account”
Refers to the Client’s personal space accessible through Authentification from the Site.
“Data”
Refers to any information, other than Personal Data, provided by the Client to the Seller for the purpose of delivering the Services.
“Personal Data”
Refers to personal data as defined by the law n°78-17 of January 6, 1978 relating to information technology, files, and freedoms, and by the European regulation n°2016/679 of the European Parliament and Council of April 27, 2016, regarding the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR), i.e., all data that directly or indirectly allows the identification of individuals to whom it relates, processed by the Seller according to the procedures specified in Article 13 of the General Terms and Conditions and in the Privacy Policy.
“Intellectual Property Rights”
Refers to copyrights, neighboring rights, database sui generis rights, designs and models, patents, and trademarks.
“Participant”
Refers to individuals registered by the Client on the Site to benefit from the Services.
“Party” or “Parties”
Refers to individually or collectively the Client and/or the Seller.
“Privacy Policy”
Refers to the privacy policy accessible on the Site via the “Privacy Policy” section and in Annex 1.
“Services”
Refers to the services described in Article 3 of the General Terms and Conditions and in more detail on the Site.
“Site”
Refers to the website accessible at the address : https://savorpariswithpaola.com
“Seller”
Refers to Paola HOSS, a self-employed entrepreneur registered under the number 94039529600012 with its office at 32 Rue Médéric, 75017 PARIS.
Tel. 003367289715
Email:foodvisits@hotmail.com
Article 2: Purpose
2.1 The present General Terms and Conditions of Sale (CGV), accessible at any time on the Website under the section “General Terms and Conditions of Sale”, aim to define the terms and conditions under which the Seller offers and performs the Services for the benefit of the Clients.
2.2 The CGV apply without restriction or reservation to any order of Services by the Client. They prevail over any other documents such as brochures, catalogs, or documentation from the Seller, which have only an indicative value.
2.3 The CGV apply to orders placed from France or abroad by Clients located in France or outside French territory.
2.4 The CGV may be subject to subsequent modifications, with the applicable version being the one in force on the Website at the time the Client places the order for Services.
Article 3: Description of the Services
3.1 The Seller offers Clients food tours in Paris, which consist of a guided tour allowing the discovery and tasting of local culinary specialties in various establishments selected by the Seller. Each tour is limited to a maximum of six Participants.
3.2 The food tours are divided into two categories:
• Standard food tours: a standard route including a selection of establishments and tastings predefined by the Seller (hereinafter referred to as “Standard Food Tour”);
• Custom experiences: a personalized route designed in agreement with the Client according to their preferences and particular requirements (hereinafter referred to as “Custom Experience”).
3.3 The Services are aimed at Professional Clients and Consumer Clients over the age of 10 (ten) and are described in more detail on the Website under the sections “Food Tours” and “Tailored culinary experiences”.
Article 4: Ordering the Services
4.1 General provisions:
4.1.1 The Client is invited to read the CGV and verify their order before confirming it.
4.1.2 The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute related to payment or the proper execution of a previous order.
4.2. Ordering Standard Food Tours:
4.2.1. Any order requires the creation of a Personal Account with an identifier and password, which are confidential. The Client agrees to take all necessary measures to maintain this confidentiality and not disclose them in any form, nor allow a third party to use them.
4.2.2. To order the Standard Food Tours, the Client selects their chosen route from those offered, the date and time from the available slots, enters the number of participants, and clicks on “Add to Cart.”
4.2.3. After validating the cart, the Client will be directed to the order form to enter their email address or phone number, their first and last name, billing address, select the payment method, and enter their banking details if paying by credit card.
4.2.4. The Client also agrees to disclose any allergies or food intolerances they may have. Since this is sensitive health data that requires consent to be shared, the Client agrees, in such cases, to send the Seller the consent form duly completed and signed by them, which can be found on the Website and is reproduced in Appendix 2 of these CGV (hereinafter the “Consent Form”).
4.2.5. The Client agrees to provide accurate information. Providing false information will prevent the Seller from fulfilling their obligations.
4.2.6. The Client checks the box “Verify Order” to confirm their payment and agrees to the CGV and the Privacy Policy, which are accessible through a hyperlink.
4.2.7. An automatic email summarizing the order will be sent to the Client.
4.2.8. A follow-up email with all necessary information for the Standard Food Tour, such as the meeting time and location, will be sent a few days before the date of the Service.
4.3. Ordering tailored culinary experiences:
4.3.1. The Client sends an email to the Seller via the contact form accessible under the “Tailored culinary experiences” tab, and is required to provide their email address for follow-up. Optionally, the Client may include the following information: name, first name, email, phone number, preferred date and time, number of participants, specific requests such as the theme of the route, preferred locations, desired type of establishment, etc.
4.3.2. The Client is also invited to inform the Seller of any allergies or food intolerances they may have, in order to allow the Seller to adapt the tour accordingly. The Client agrees to send the Seller the duly completed and signed Consent Form in advance.
If one or more of the anticipated Participants for the tailored culinary experience is likely to have allergies or food intolerances, the Client agrees to provide the Seller with the Consent Form attached to these CGV and accessible on the Website, and to return it to the Seller, duly completed and signed by the Participant.
As this is sensitive health data that requires consent to be shared, the Client is prohibited from disclosing any information about food allergies unless the Consent Form has been submitted to the Seller.
4.3.3. After receiving the Client’s request, the Seller will contact them to discuss their wishes in more detail regarding the tailored culinary experience. The Seller will then send the Client a quote, including the CGV, which will outline the detailed program of the tailored culinary experience, the price, the date, time, and duration of the event (hereinafter the “Quote”).
4.3.4. The Client confirms their order and acceptance of the Quote and the CGV by printing the Quote and the CGV and returning them, duly dated, signed, and marked “Accepted and Agreement to the CGV,” to the Seller, who will acknowledge receipt by email.
Article 5: Financial Conditions
5.1. Price:
5.1.1. The prices for the Standard Food Tours are listed in euros on the Website within each relevant section. The prices are expressed “All Taxes Included” (TTC).
5.1.2. The prices for the tailored culinary experiences are communicated in the Quote. The prices are expressed in euros, excluding taxes (HT), and all taxes included (TTC).
5.1.3. The Seller reserves the right to modify the prices at any time but commits to applying the prices in effect on the day the Client places the order for the Services, with no retroactive refund in the event of a subsequent price reduction.
5.2. Payment Methods:
5.2.1. Standard Food Tours:
5.2.1.1. The Standard Food Tours must be paid in full when the order is confirmed as per section 4.2.6.
5.2.1.2. The payment for the Standard Food Tours can be made, at the Client’s choice, by credit card, PayPal, or Shopify Payment.
5.2.1.3. Payments by credit card are processed through the STRIPE payment platform, to which the Website redirects, and according to its own terms and conditions, accessible via the following link: https://stripe.com/fr-us/legal/consumer which the Client acknowledges having read and fully accepts.
5.2.1.4. Payments via PAYPAL or Shopify Payment are processed through the appropriate platform administered according to its own terms and conditions, accessible via the following links: https://www.paypal.com/fr/legalhub/paypal/useragreement-full or https://www.shopify.com/fr/legal/terms-payments/fr which the Client expressly accepts.
5.2.1.5. The Client acknowledges that only the company operating the STRIPE, PAYPAL, or Shopify Payment platform, depending on the payment method chosen, will be responsible for any damage resulting from its use, and that the Seller cannot be held responsible for any direct or indirect damage caused by this use, for any reason and on any grounds.
5.2.2. Tailored culinary experiences:
5.2.2.1. Tailored culinary experiences must be paid in full on the day the Client confirms the order, in accordance with section 4.3.4.
5.2.2.2. Payment is made by bank transfer to the Seller’s bank details as specified on the Quote.
5.2.2.3. If payment is not made according to the conditions specified in this section, the Seller will be entitled to refuse any execution of the Services.
Article 6: Seller’s Commitments
6.1. The Seller agrees to make every effort to provide the Services to the Client in a way that best meets their needs.
6.2. The Services are provided in accordance with the provisions of these CGV and the professional practices.
6.3. The Seller commits to making the Website available to the Client and will make its best efforts to ensure its accessibility and proper functioning 24/7, as part of an obligation of means. However, the Seller will not be responsible for any unavailability or slowdowns of the Website caused by:
• Force majeure or decisions made by authorities;
• Abnormal, fraudulent, or non-compliant use of the Website according to the CGV;
• Technical issues inherent to the internet, including the spread of viruses, and access interruptions that may result from this, as well as any damage in case of failure of telecommunication operators, electricity providers, or any service providers involved in the execution of the CGV;
• Maintenance interventions or interventions necessary for the proper functioning of the Website;
• Technological developments of any kind, particularly related to navigation systems, or changes in applicable regulations.
Article 7: Client’s Commitments
7.1. In general, the Client agrees to comply with the laws and regulations in force, these CGV, as well as any special conditions that may be communicated to them when ordering Services, and not to infringe public order, good morals, or the rights of third parties in the use of the Services.
7.2. The Client agrees to provide the Seller with all Data and resources that the Seller considers necessary for the provision of the Services, with the understanding that the Client is solely responsible for the accuracy and completeness of the Data.
7.3. The Client also agrees to notify the Seller of any difficulty that they or the Participants they have registered may encounter, or any event or situation likely to affect the proper execution of the Services, such as food allergies or intolerances.
In this context, the Client agrees to obtain the prior consent of any Participant whose Personal Data they disclose in accordance with article 4.3.2 and acknowledges that they will be solely responsible in the event of a claim by the Participant regarding this matter.
This information is collected solely to allow the Seller to make their best efforts to implement all necessary measures to ensure the safety of the Participants and provide an optimal experience for the Services.
However, the Seller reserves the right to cancel the order if they believe the Services cannot be performed under satisfactory conditions for the Client and the Participants.
Article 8: Order Cancellation
8.1. Right of Withdrawal Excluded for the Client
The Client acknowledges that they do not benefit from the right of withdrawal provided by the Consumer Code in relation to the order of Services, under article L 221-18 12° of the said Code, which states that the right of withdrawal cannot be exercised for contracts for leisure activities provided on a specific date or during a specific period.
8.2. Cancellation by the Seller
The Seller reserves the right to postpone Standard Food Tours or tailored culinary experiences in case of particular weather conditions or the exceptional closure of a selected establishment, and more generally, due to any event beyond their control that may affect the proper execution of the Services.
If the Client is unavailable on the newly proposed date, the Seller will proceed with a refund of the order.
Article 9: Duration
9.1. These CGV come into effect on the date the order is validated as defined in article 4 and are concluded for the duration necessary to provide the Services.
9.2. The provisions of articles 11 (liability), 12 (intellectual property), and 13 (personal data) survive the expiration of the contractual relationship between the Parties, regardless of the cause, and in the terms provided by these articles.
Article 10: Termination
Any serious breach by one of the Parties of any obligation imposed by the CGV, not remedied within 15 (fifteen) days from the sending of a registered letter with acknowledgment of receipt, gives the other Party the right to unilaterally terminate the CGV with immediate effect, without prejudice to any damages to which it may be entitled, in accordance with article 1224 of the Civil Code.
Article 11: Liability
11.1. Principle of Liability:
11.1.1. The Services are provided by the Seller under an obligation of means.
11.1.2. The Seller’s liability cannot be engaged for causes outside of their control, notably for damages resulting from:
• A breach by the Client of the stipulations of the CGV and/or the Seller’s instructions;
• An unforeseeable and insurmountable event caused by a third party;
• A case of force majeure.
11.1.3. The Client remains solely responsible for their own safety and personal belongings.
11.2. Exclusions and Liability Cap (Professional Clients):
11.2.1. If the Seller’s liability were to be engaged, the Client can only be compensated for direct damages, excluding indirect damages such as loss of profit or revenue, missed gain, loss of clientele, commercial harm, loss of information, loss of opportunity, or loss of time.
11.2.2. In any event, the amount of damages that could be charged to the Seller shall not exceed, for all damages combined, the price of the defective Services.
Article 12: Intellectual Property
12.1. The CGV do not transfer any exclusive rights to the Client, particularly regarding the Website, which the Client is prohibited from using for any purpose other than its screen consultation or for their own needs.
12.2. The Client is prohibited from reproducing or representing the Website and the content they may access through the Services, in whole or in part, in any form and for any purpose.
Article 13: Personal Data
13.1. For the purposes of the order of the Services, the Seller may process Personal Data concerning the Client.
13.2. The Personal Data referred to in article 13.1 is processed in accordance with the Privacy Policy accessible on the Website in the “Privacy Policy” section or via the following link, which the Client expressly accepts without reservation when validating their order.
Article 14: Force Majeure
14.1. Any case of force majeure beyond the control of the Parties as defined in article 1218 of the Civil Code, which could not have been reasonably foreseen at the time of acceptance of the CGV and whose effects could not be avoided by appropriate measures, will discharge each Party from its obligations under the CGV as long as such event and its effects persist.
14.2. The Party affected by the force majeure event must immediately inform the other Party by sending a written notice when the force majeure event occurs and when it ends. The affected Party must take all reasonable measures to limit the impact on the other Party and commit to resuming the execution of the CGV once the force majeure event has ceased.
14.3. If the impediment or delay persists for more than 3 (three) months, the Party not affected by the event may terminate the CGV after receiving a written notice with acknowledgment of receipt from the other Party, with a one (1) month notice period.
Article 15: Governing Law – Dispute Resolution
15.1. The CGV are governed by and interpreted in accordance with French law.
15.2. In the event of a dispute or disagreement arising, particularly regarding their validity, interpretation, and/or execution, the Parties agree to make their best efforts to reach an amicable settlement.
15.3. The Consumer Client is also informed that they may, in any case, resort to conventional mediation in accordance with Articles L.616-1 and R.616-1.
In this regard, the Consumer Client may submit their complaint:
- To CNPM MÉDIATION CONSOMMATION. In the event of a dispute, any consumer may file a complaint on the website: https://www.cnpm-mediation-consommation.eu/ or by mail by writing to:
CNPM MÉDIATION CONSOMMATION 27, avenue de la Libération 42400 SAINT-CHAMOND.
- Via the online dispute resolution platform set up by the European Commission, accessible at the following address: https://webgate.ec.europa.eu/odr/.
15.4. Disputes that could not be resolved amicably between the Parties will be submitted to the competent Courts.
Article 16: Pre-contractual Information
The Client acknowledges having received, prior to ordering the Services, all the information listed in Articles L.221-5 of the Consumer Code and following, in a clear and understandable manner, including the following:
• The essential characteristics of the Services;
• The price of the Services;
• The delivery time of the Services;
• Information regarding the identity of the Seller, their postal, telephone, and email contact details, and their activities;
• The fact that the provision of Services is not subject to the specific provisions regarding legal warranties of conformity;
• The functionalities of the Site;
• The possibility of resorting to conventional mediation in case of a dispute;
• The impossibility of benefiting from the right of withdrawal in accordance with Article L.221-28 of the Consumer Code;
• The accepted means of payment.
APPENDIX 2 :
CONSENT TO THE USE OF PARTICIPANT’S DATA FOR THE FOOD TOUR
I, undersigned (NAME and First Name): Mr. or Ms. ………………………………….. ……………………………………………………………………………………………………………………………… (hereinafter referred to as the “Participant”), declare that I have a food allergy/intolerance to the following foods:
…………………………………..………………………………………………………………………………………………………………………………
…………………………………..………………………………………………………………………………………………………………………………
…………………………………..………………………………………………………………………………………………………………………………
I authorize the processing of this personal data in accordance with the privacy policy reproduced below.
Date: ……….. / ……….. / ……….. , in (City): …………………………………………..
Signature:
Paola HOSS, a self-employed entrepreneur registered under the number 94039529600012, with its office at 32 Rue Médéric, 75017 PARIS, Tel. 0033672897215 – E-mail: foodvisits@hotmail.com (hereinafter referred to as the “Seller”), organizes food tours in Paris. These tours consist of a guided itinerary allowing participants to discover and taste local culinary specialties in various selected establishments.
In this context, the Seller, as a data controller, collects personal data concerning the Participant in strict compliance with legal confidentiality and security requirements, under the following conditions:
• The collected data includes the Participant’s first and last name, as well as a list of their food allergies/intolerances.
• This data, processed based on the legal ground of consent, is collected to allow the Seller to adapt the food tour according to the Participant’s allergies and intolerances, ensuring an optimal experience.
• The data is retained only until the completion of the food tour and is then permanently deleted.
• It is intended solely for the Seller and, where necessary, for the selected establishments participating in the food tour.
• The Participant has the right to access their collected data, request its rectification, deletion, or restriction, or withdraw their consent for its processing at any time by writing to the following address: foodvisits@hotmail.com. It is specified that such withdrawal does not affect the lawfulness of the processing carried out before the withdrawal.
Finally, the Participant may file a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL) at https://www.cnil.fr/.
