General Terms and Conditions of Sale

BETWEEN

Le Paradis Latin, a public limited company with a share capital of 50,120 euros, with its registered office at 28 rue du Cardinal Lemoine (75005 Paris), registered with the Paris Trade and Companies Register under number 310338180, contact details: Tel: 0143252828 – Email: paradislatin@paradislatin.com, represented by Mr. Walter BUTLER, as President and publication director of this website (hereinafter “the Website”), hosted by the company AlwaysData, located at 91 rue du Faubourg Saint-Honoré – 75008 PARIS, Tel: 01 84 16 23 40, duly authorized for the purposes hereof;

Hereinafter referred to as “the Service Provider”,

AND

Any Consumer/Non-Professional Client or any Professional Client, as defined below, requesting the services of the Service Provider and placing an order under the conditions specified below;

Hereinafter referred to as “the Client”,

Collectively referred to as “the Parties”,

It is hereby recalled as follows:

Preamble

These terms and conditions of sale have been established in accordance with Articles L111-1 to L111-8 of the Consumer Code and Articles L441-1 and L441-2 of the Commercial Code. Their purpose is to govern the commercial relationship between the Service Provider and the Client, whether the latter is a consumer or a non-professional under the preliminary article of the Consumer Code (i.e., any natural person acting for purposes not falling within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, or any legal entity acting for non-professional purposes, hereinafter collectively referred to as “Consumer/Non-Professional Client”), or a professional under the same article (i.e., any natural or legal person, public or private, acting for purposes falling within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf of another professional, hereinafter referred to as “Professional Client”), and to determine the rights and obligations of the Parties to this contract.

Any order for Services implies the Client’s unconditional acceptance of these general terms and conditions of sale. No clauses appearing on purchase orders or correspondence initiated by the Client may, as a result, override them, unless otherwise agreed in writing between the Parties. These general terms and conditions of sale may be supplemented by categorical general conditions as provided by applicable regulations. It is also agreed that these general terms and conditions of sale may be subject to modifications at the initiative of the Service Provider, without prior notice. However, these modifications will not apply to clients who have already purchased a show. Therefore, it is the Client’s responsibility to regularly review these general terms and conditions of sale to stay informed of any updates and/or changes that may occur.

Thus, the following is agreed:

ARTICLE 1 – Service Offers

The services offered for sale on the website www.paradislatin.com (hereinafter, the “Services”) are as follows:

-The sale of show tickets;

-The sale of packaged products combining the show with ancillary catering services; and

-The purchase of gift vouchers.

ARTICLE 2 – Orders

The Client must select the Services they wish to order on the website www.paradislatin.com, according to the following steps:

•For show tickets (stand-alone, dinner shows, champagne reviews, and lunch shows):

-Choose the type of show;

-Choose the number of participants;

-Choose the date;

-Choose a time;

-If applicable, add available options for the selected product (drink, photo, etc.);

-If applicable, add a gift voucher or promotional code;

-Enter the Client’s contact details;

-Accept the Terms and Conditions, confirm, and proceed to payment.

• For purchasing a gift voucher:

-Choose the type of gift voucher;

-Choose the number of participants;

-If applicable, add a gift voucher or promotional code;

-Enter the recipient’s contact details;

-Enter the Client’s contact details;

-Accept the Terms and Conditions, confirm, and proceed to payment.

Service offers are valid as long as they are visible on the website, subject to stock availability.

Unless otherwise stated, the sale is considered final only after the Client receives an email confirmation from the Service Provider, including the reservation number, and after full payment is received.

The Service Provider reserves the right to cancel or refuse any order from a Client with whom there is a payment dispute regarding a previous order.

The Client can track the progress of their order on the website www.paradislatin.com.

The Service Provider reserves the right to refuse orders for the same Service in excessive quantities, constituting a legitimate reason for refusal under Article L.121-11 of the Consumer Code.

All Services may be purchased directly in the form of a gift voucher, indicating a date and time.

For all Services, purchases can be made either directly at the cabaret or on the website www.paradislatin.com.

ARTICLE 3 – Pricing

The prices of the services are as described on the website www.paradislatin.com at the date of the order.

The prices are inclusive of VAT but exclude processing and shipping fees, which will be clearly indicated to the Client before placing the order. Any change in VAT rates may be reflected in the service prices.

Prices include any potential discounts granted by the Service Provider on the website www.paradislatin.com.

The Service Provider reserves the right to modify prices at any time, without notice. However, the price indicated on the website or at the cabaret on the day of the order will be the only price applicable to the Client.

The total amount must be paid in full and in one payment at the time of ordering.

An invoice will be issued by the Service Provider and delivered to the Client upon receipt of payment.

ARTICLE 4 – Payment Terms

The price is due upon order. Payments will be made at the Client’s choice via credit card on the website www.paradislatin.com, by check, ANCV vacation vouchers, culture vouchers, PayPal, or cash at the Paradis Latin.

The credit cards accepted by the Service Provider are bank cards, Visa, MasterCard, and American Express. By providing their credit card information, the Client authorizes their account to be debited for the total amount of the order. Any transmission of payment information occurs in a secure environment using the protocols in force specific to the payment provider’s server chosen by the Service Provider.

Orders will be validated and processed after payment is accepted by the relevant banking centers (for payments by credit card, Visa, Eurocard, MasterCard).

The Client guarantees the Service Provider that they have the necessary authorizations to use the payment method they chose for their order at the time of order placement.

Penalties amounting to (i) 1.5 times the legal interest rate for Consumer/Non-Professional Clients, and (ii) three times the legal interest rate for Professional Clients shall automatically apply to unpaid amounts 15 days after the due date or upon notification of a rejected bank payment for any other payment method, in addition to a compensation fee of (i) 10 euros per unpaid invoice for Consumer/Non-Professional Clients and (ii) 40 euros per unpaid invoice for Professional Clients, in accordance with Article L.441-6 of the French Commercial Code and Decree No. 2012-1115 of October 2, 2012. The delivery of any new order may be suspended in case of late payment or partial payment of a previous order, notwithstanding the provisions herein.

Should the Service Provider itself be late in paying sums owed to the Client, the penalty terms described above will apply.

ARTICLE 5 – Service Provision

It is necessary to print your reservation. It will serve as a voucher in place of a ticket, which will be collected in exchange at the entrance of the venue 15 minutes before the start of the Service. Collection can only be made upon presentation of the credit card used for payment and the cardholder’s ID.

Services ordered by the Client are provided, whenever possible, on the date indicated and selected by the Client.

If not, the Service Provider may propose an alternative date at its discretion. The Client is free to accept the change or, if not, to request a refund within a period not exceeding seven (7) days.

In the event of a change in the date, time, or location of a show for which the Client has reserved tickets, the Client agrees that Paradis Latin may use their contact information provided during the reservation to inform them of the procedure to follow.

In any case, the Client must check, by phone at 01 43 25 28 28, 24 hours before their show, that it is still scheduled without modification.

ARTICLE 6 – Right of Withdrawal for Consumer/Non-Professional Clients

6.1 No right of withdrawal for dated tickets (sold alone, in packages, or as gift vouchers):

In accordance with the provisions of Article L.221-28, 12° of the Consumer Code, the Consumer/Non-Professional Client does not have a fourteen (14) day withdrawal period with the Service Provider.

The Services purchased are therefore final upon the Client’s order as specified in these General Terms and Conditions of Sale.

The ticket issued for the service cannot be returned, refunded, or exchanged.

6.2 Right of withdrawal for undated gift vouchers:

In accordance with applicable legal provisions, the Consumer/Non-Professional Client has a period of 14 days from the confirmation of the order to exercise their right of withdrawal without having to justify reasons or incur penalties.

In the event of exercising the right of withdrawal, only the price of the order and processing fees will be refunded.

To exercise their right of withdrawal, in accordance with legal provisions, the Client may send the standard withdrawal form to the following postal address: Service Client Paradis Latin, 28 rue du Cardinal Lemoine – 75005 PARIS, or to the following email address: paradislatin@paradislatin.com. The Client may also exercise their right of withdrawal by any means to Paradis Latin, including by postal mail or email, clearly stating their intention to withdraw and specifying the order concerned.

When the gift voucher is used for a show taking place within 14 days of purchase, the Client cannot exercise their right of withdrawal once the service is executed.

After the withdrawal period has expired, the issued ticket cannot be returned, refunded, or exchanged.

ARTICLE 7 – Warranties and Liability

Le Paradis Latin shall not be liable for any failure or delay in the provision of the Services ordered due to a force majeure event as defined by jurisprudence.

The Services provided through the website www.paradislatin.com are in accordance with current regulations in France.

No claims can be made regarding the allocation of seats within the selected seating category in the venue.

In the event of cancellation of the Service by the Client, the price paid for the ticket shall remain with Le Paradis Latin.

In the event of cancellation of the Service by Le Paradis Latin, requests for modification or refund must be sent to the following email address: paradislatin@paradislatin.com no later than six (6) months after the date on which the cancelled Service was supposed to take place.

For gift vouchers valid for one (1) year from the date of purchase, no refunds can be requested. However, gift vouchers are not nominative and can be transferred or gifted.

The Provider declines any liability to the Professional Client in the event of damages incurred while using its website. Should the Provider’s liability be proven, the damages suffered by the Client shall be limited to the amount of the order placed and paid by the Client to the Provider.

In any case, the Provider shall not be liable in the event of an accident if the Client has not followed safety instructions.

ARTICLE 8 – Personal Data and Website Usage Conditions

The personal data provided to Le Paradis Latin by the Client aims to ensure the proper execution of orders, improve the quality of services offered, and manage commercial relations. The Client consents to the use of their data by Le Paradis Latin for the aforementioned purposes. In accordance with applicable data protection regulations, the Client has the right to access, rectify, delete, and oppose the processing of their personal data, which they can exercise by writing to the following address: paradislatin@paradislatin.com or by postal mail to: 28 rue du Cardinal Lemoine, Paris (75005).

The information collected from the use of the website www.paradislatin.com (navigation and connection data) is necessary to respond to requests and is intended exclusively for Le Paradis Latin, the data controller, for administrative and commercial management purposes.

This information may allow Le Paradis Latin to send the Client commercial proposals concerning its services via emails, in compliance with legal and contractual provisions. The Client may, at any time, indicate that they no longer wish to receive such messages by directly contacting Le Paradis Latin.

Any information, including copies of personal data collected or generated prior to, during, or following this processing, may be communicated to individuals exercising their right of access. A copy of the personal data is provided free of charge to the Client, provided that such a request is not manifestly abusive, especially by its repetitive or systematic nature. The Client may exercise their right of access, rectification, or deletion of their collected data or oppose their use for commercial prospecting purposes, in accordance with the provisions of the amended law 78-17 of January 6, 1978, concerning information technology, files, and liberties, by requesting this directly from Le Paradis Latin.

Information regarding all orders is stored and archived for a maximum period of 10 years and may serve as proof in case of dispute.

Traffic data and cookies, when users consent, are automatically implanted on their computers by the Site. They aim to recognize the user during their next visit and thus personalize the Site in their name, secure transactions that Le Paradis Latin may conduct, temporarily memorize the services they wish to order until the transaction, and enable Le Paradis Latin to analyze page traffic on the Site to improve its content.

User navigation data is not exploited nominatively; it consists of aggregated statistics allowing to know the most and least visited pages, preferred paths, activity levels by day of the week and hour of the day, and the main technical or server errors. Le Paradis Latin informs the Client that they can oppose the recording of cookies by configuring their browser to private or confidentiality mode.

Le Paradis Latin informs the Client that to exercise their rights, they may contact the CNIL at the following address: CNIL – Service des Plaintes – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.

The Provider reminds the Client that they have the right to register on the list of opposition to telephone solicitation available at the following address: https://www.bloctel.gouv.fr.

ARTICLE 9 – Intellectual Property Rights

The content of the website www.paradislatin.com (photographs, presentations, studies, drawings, models, prototypes, etc.) is the property of the Provider and its partners and is protected by French and international laws related to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 10 – Unforeseen Events

In the event of changes in unforeseen circumstances at the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively burdensome or dangerous execution may request a renegotiation of the contract with their co-contractor.

ARTICLE 11 – Force Majeure

The execution of the Provider’s obligations under these terms is suspended in the event of a fortuitous event or force majeure that prevents its execution. The Provider will then notify the Client of the occurrence of such an event as soon as possible.

The suspension of obligations cannot in any case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or penalties for late execution.

Article 12 – Governing Law and Jurisdiction

French law is the only applicable law to these general terms and conditions of sale, as well as to all services referred to herein.

In the event of a dispute arising from the contract, any disagreement related to its interpretation, execution, or validity, and after an attempt to seek an amicable solution, shall be subject to the exclusive jurisdiction of the competent French courts.

The Client is informed that they may first address their request to the Provider’s customer service at the following email address: paradislatin@paradislatin.com, or by phone at 01.43.25.28.28, or by postal mail to: Service Client Paradis Latin, 28 rue du Cardinal Lemoine – 75005 PARIS. In case of failure or lack of response, the Client has the option to contact the consumer mediator relevant to the Provider, namely the Association des Médiateurs Européens (AME CONSO), within one year from the written complaint addressed to the Provider. The referral to the consumer mediator must be made either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com; or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS.

The Client remains free to accept or refuse to resort to mediation and, in case of resorting to mediation, to accept or refuse the solution proposed by AME CONSO.

Article 13 – Acceptance of the General Terms and Conditions of Sale

The Client is required to have read these general terms and conditions of sale before placing their order and validating their contract by signing a quote, and therefore is deemed to have accepted them in their entirety and without reservation. The provisions of these general terms and conditions of sale may not be modified by contrary stipulations without the express written consent of Le Paradis Latin. Le Paradis Latin reserves the right to modify, update, or correct these general terms and conditions of sale as needed to take into account legislative, regulatory, jurisprudential, and/or technical developments.

These general terms and conditions of sale are deemed to have been read, understood, and fully accepted by the Client.

(General terms and conditions of sale updated on October 9, 2024)

ANNEX: MODEL WITHDRAWAL FORM

This annex is only applicable to Clients eligible under Article 6 of this document.

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of the Customer Service of Paradis Latin, 28 rue du Cardinal Lemoine, Paris (75005), or paradislatin@paradislatin.com.

I hereby notify you of my withdrawal from the contract concerning the order below:

Ordered on: ………….

Name of the consumer: ………

Address of the consumer: ………

Signature of the consumer (only in case of notification of this form on paper):

Date: …….

Company name: Paradis Latin – Address: 28 rue Cardinal Lemoine 75005 Paris France – Telephone +33 (0)1 43 25 28 28 – RCS: Paris 310 838 180 – Intra-Community VAT: FR08310838180
In the event of a dispute between the professional and the consumer, they will endeavour to find an amicable solution. In the absence of an amicable agreement, the consumer may refer the matter free of charge to the consumer mediator to whom the professional belongs, namely the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional. The consumer mediator must be referred to: either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com; either by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS.