Terms and Conditions - ApoteoSurprise, How to propose in Paris?

These general sales conditions, hereafter referred to as Terms & Conditions, are agreed on by the firm: APOTEOSURPRISE, hereafter referred to as APOTEOSURPRISE, and the person who wishes to make a purchase via APOTEOSURPRISE's website apoteosurprise.com, hereafter referred to as the Client. APOTEOSURPRISE and the Client are referred to together as the parties.

The Terms & Conditions define the parties' rights and obligations in terms of the online sale of romantic events, hereafter called Events. The parties agree that their relations are exclusively governed by the Terms & Conditions and the order form completed by the Client on the website apoteosurprise.com, order form hereafter called Order Form.

APOTEOSURPRISE's Terms & Conditions may be modified as APOTEOSURPRISE's activity changes and develops. The applicable Terms & Conditions for each order are those which were in force at the time the Event was ordered.

All purchases of an Event which appears on the online boutique on the website apoteosurprise.com constitute the Client's total adherence to the Terms & Conditions and the Client's definitive and irrevocable acceptation of the total of their dispositions. Any exemptions to the Terms & Conditions must be agreed upon in writing.

As a result, the Client acknowledges being perfectly aware of the fact that his/her agreement to the entirety of the Terms & Conditions does not require a written signature on this document, the ordering process being entirely automated.

The apoteosurprise.com boutique is dedicated to informing the Client of the contents of APOTEOSURPRISE's Events, the price, modes of payment and the conditions of cancellation and modification of the contract, prior to the Client's order.

An orders made by the Client via the website apoteosurprise.com engage the Client from the moment he/she confirms his/her order by clicking on the "confirm" button on the Order Form. The click on the "confirm" button associated with the certification procedure and the protection of the entirety of the messages constitute an electronic signature. This electronic signature has the equivalent value between the parties to a written signature. The confirmation of an order cannot be effectuated if the Client does not cross the box asking the Client to confirm that he/she fully accepts the Terms & Conditions.

After the online order is made, the Client will receive an email acknowledging the receipt of his/her order and confirming the recording of the Client's order.

The Event chosen by the Client is described in the description of the Event available on the website apoteosurprise.com. The date chosen by the Client for the Event is indicated in the Order Form; in any case of cancellation by the Client, the only Event date considered will be this Event date indicated in the Order Form.

The documents associated with the Events presented on the website such as the descriptions, data sheets, photographs, videos, drawings and all other forms of information are not contractual, and are purely indicative and non binding for APOTEOSURPRISE. The incorrect or incomplete character of the supplied information on the website will not place in the validity of an order made by a Client, on the website, in question.

The Event can only be offered to Client located in one of the following French departments on the day the Event is to be realized: Paris (75), Hauts-de-Seine (92), Seine-Saint-Denis (93), Val-de-Marne (94). The majority of the Events involves the intervention of a chauffeured vehicle; for these Events, if, on the day of the Event, (i) the Client is not located in one of the above mentioned French departments and (ii) if the Client is not located at the address indicated in the Order Form in the time slot indicated in the description page of the Event, it will not be possible for the Event to take place. In the event of this situation, the order will be considered cancelled less than seven (7) days before the date of the Event and will incur the subsequent consequences described below in article 6.

For the Events which do not involve the intervention of a chauffeured vehicle, but which involves that the Client goes to a specific location, the order voucher will indicate the location where the Client must present him/herself in order to participate in the Events. The day of the Event, the absence of the Client at the given location will be considered as a cancellation of the order less than seven (7) days before the date of the Event and will incur the subsequent consequences described below in article 6.

For the Events which do not involve the intervention of a chauffeured vehicle, but which involves that a specific person is present at the address indicated by Client in the Order Form, the absence of this specific person at that address in the time slot indicated in the description page of the Event will be considered as a cancellation of the order less than seven (7) days before the date of the Event and will incur the subsequent consequences described below in article 6.

For the Event "Say I love you in a world of tenderness", the Client's place of residence have to accept the Event. The Client must check, before booking the Event, if its place of residence accepts the Event. If, on the day of the Event, the Client's place of residence refuses the Event, it will be not be possible for the Event to take place. In the event of this situation, the order will be considered cancelled less than seven (7) days before the date of the Event and will incur the subsequent consequences described below in article 6.

For each Event involving then intervention of a chauffeured vehicle, the chauffeur will present him/herself at the Client's place of residence which will have been previously indicated to APOTEOSURPRISE in the Order Form. The Order Form will also indicate the Client's telephone details on the day that the Event is to take place. It is imperative that the Client can be able to be reached on this telephone number on the day that the Event is to take place. If the vehicle which is described in the Event's description is not available, APOTEOSURPRISE reserves the right to replace it however uniquely with a vehicle from the equivalent or a superior category.

When it is indicated on the website apoteosurprise.com in regards to an Event ordered by the Client, by pictograms on the top right of the Event's description, that the Client must send to APOTEOSURPRISE elements which are necessary in order to prepare the Event (for example a photo, a menu choice or a choice of songs), those elements must be received by APOTEOSURPRISE without fail a maximum of five (5) days before the date of the Event.

The Client acknowledges that APOTEOSURPRISE has draw to his/her attention to the precautions to be taken for the implementation of the presented Events.

Article 3 - PRICE

The price of an Event is quoted in euros including taxes (at the rate of 19.6% French Value Added Tax) and per Event, and is not binding before the date that the confirmation of an order is sent by the Client. The price includes the participation of two (2) people to the Event. If the Client wishes for more than two (2) people to take part in the Event, the Client must inform APOTEOSURPRISE in so as it can choose to confirm this possibility or not and indicate the applicable price in accordance to the number of participants.

The price of each Event do not include any service not expressly included in the description of the Event.

The payment by the Client is made in a highly secure environment via the SSL protocol and in accordance with the technical infrastructure of PayBox. All information regarding the Client's credit card is securely encrypted and cannot be intercepted by third parties. The credit card numbers will never be transmitted via the Internet and are never known or conserved by APOTEOSURPRISE.

Access to payment is made by the Client after he/she has filled out the Order Form. The Order Form contains a certain number of fields to be filled out, with these fields varying according to the nature of the chosen Event. This Order Form is directly accessible in the event that the Event is available at the desired date.

Payment of the order must be made in euros. The possible bank fees charged by the Client's banking institution to make this payment in euros, in the event where the Client's account is not denominated in euros, is entirely the Client's responsibility.

La commande d'une Prestation est définitive si et seulement si le règlement de la Prestation est effectué par Carte Bancaire en une seule fois et pour la totalité du montant.

The order is definitive if and only if the payment for the Event is made by credit card in one go and for the total amount.

The Client guarantees APOTEOSURPRISE that he/she holds the necessary authorizations to make a credit card payment when the Client confirms the Order Form.

APOTEOSURPRISE reserves, in particular, the right to refuse to honor an order made by a Client with whom a payment dispute currently exists.

In the case where the payment is shown to be irregular, incomplete or inexistent, for whatever the reason, APOTEOSURPRISE has the right to consider that the Client has cancelled his/her reservation, the ensuing costs being the Client's responsibility. In all cases the Client remains responsible for the payment of the amount agreed payable for the ordered Event.

The notification of the credit card number is not considered as payment of the debt until the APOTEOSURPRISE's bank has confirmed the receipt of the transfer.

If the Client holds a bank account with credit institution in France, the Client can also pay for the Event by bank check.

APOTEOSURPRISE recommends that the Client keep a physical track of the data relative to his/her order.

The Events voluntarily modified by the Client during the execution of the Events are subject to the service providers' financial conditions. The extras that are not expressly mentioned in the description of the Event and the supplementary services generating an additional cost must be directly paid by the Client to the providers, given that the Client cannot at any stage hold APOTEOSURPRISE responsible.

APOTEOSURPRISE must be notified by certified mail with delivery confirmation, fax or telegram of any cancellation. When the cancellation notification is sent by certified mail with delivery confirmation, the date of the delivery confirmation will be accepted as the cancellation date for the calculation of the cancellation fees. When the cancellation notification is sent by fax or telegram, the date that the fax or telegram is received will be considered as the cancellation date for the calculation of the cancellation fees.

Any total or partial cancellation made by the Client will result in the reimbursement of the amount paid by the Client for the Event minus the following progressive cancellation fees:

- Cancellation more than 31 days before the Event: 25 % of the total amount.
- Cancellation between 15 and 30 days before the Event: 50 % of the total amount.
- Cancellation between 8 and 14 days before the Event: 75 % of the total amount.
- Cancellation less than 7 days before the Event or non-appearance: 100 % of the total amount.

With the exception of the cases outlined in the Terms & Conditions, no unilateral cancellation of an order is possible without APOTEOSURPRISE's written agreement.

In appliance with current legislation, APOTEOSURPRISE is the holder of civil liability insurance subscribed by Gan Eurocourtage under the contract No. 86.329.978.

If the Client his in France as part of a travel package, it is up to the Client to sign, at his/her own expense, the optional insurances such as those for repatriation assistance , search and emergency assistance, medical care, cancellation insurance and luggage insurance. These insurances can be contracted with the insurer of the Client's choice or with the travel agent who is organizing the Client's trip.

APOTEOSURPRISE acknowledges that in accordance to Article 1124 of the French Civil Code, non emancipated minors do not have the power to enter into contracts. Consequently, orders intended for minors require the authorisation by a parent or a legal guardian.

The personal effects to which the Client is exposed during the Event are in no case insured by APOTEOSURPRISE. APOTEOSURPRISE may not be held responsible for damages of any nature, in particular fire or theft, that occur to personal objects found at the scene(s) where and at the time when an Event ordered through APOTEOSURPRISE takes place.

The creation and assembly of the Events implies the selection of service providers, the management on behalf of the Client of the options and reservations, the supply of the entirety of the Events, and the permanent quality control of them.

The ordered Event is subject to the private regulations specific to the service providers sector(s) of activities, and these service providers are the Clients' guarantors as for APOTEOSURPRISE.

In the event of any damages or injuries that the Client undergoes during the realization of the Event, APOTEOSURPRISE will place all of the names and contact details of the service providers involved in the realization of the Event at the Client's disposition, so that the Client can exert any desired recourse directly against these service providers.

The website apoteosurprise.com allows the Client, before placing any order, to learn the availability of an Event for a given date by accessing a calendar displaying the availability of the Event after having clicked on the "order now" button of the Event's description. No guarantee is possible that the availability of an Event for a given time and date is assured. The availability of an Event at a given date is provided for information only and does not invest responsibility for ApoteoSurprise.

The Events sold on the website apoteosurprise.com are by nature entities which are available in limited numbers. Given that an Event is private and mobilizes a determining number of service providers, it is custom that only one Client may benefit from the Event on a given day. The first Client having ordered the Event that has been agreed to be held on a certain date will be the only Client who can benefit of this Event at the given date. No guarantee is possible that the availability of an Event for a given date is assured. APOTEOSURPRISE will not be liable for the unavailability of an Event and this does not give Clients the right to claim damages.

APOTEOSURPRISE is committed to honoring any order within the limits of its stocks or production capabilities.

Certain Events may be modified or even cancelled in the event of unfavorable weather conditions. For the Events that may be modified or cancelled in the event of unfavorable weather conditions, the website apoteosurprise.com indicates on the Event's description the mention "scenario depending on weather conditions". This risk of cancellation is purely indicative and has no scientific or contractual value.

If for whatever reason and notably unfavorable weather conditions, APOTEOSURPRISE or one of its service providers cannot realize the Event on the scheduled date, APOTEOSURPRISE commits itself to either, depending on the Client's wishes, (i) propose at no extra cost the rescheduling of the Event to a later date which must be agreed upon by the Client, APOTEOSURPRISE and APOTEOSURPRISE's service providers or (ii) refund within the seventy two (72) hours that follow the cancellation date the amount paid by the Client with the subtraction of a fixed amount of three hundred (300) euros corresponding to the committed expenses of APOTEOSURPRISE for the Event cancelled; this amount of three hundred (300) euros being definitely hold by APOTEOSURPRISE. For the Event "Say I love you from sky with giant letters", the amount hold by APOTEOSURPRISE if the Client doesn't want a rescheduling of the Event will be egual to five thousand (5000) euros; this amount of five thousand (5000) euros being definitely hold by APOTEOSURPRISE.

In the event of a cancellation, notably as a result of bad weather conditions, the Client will be informed, by telephone, on the number indicated on his/her Order Form, no less than thirty (30) minutes before the earliest hour of the time slot indicated in the Event's description. In this case, the Client cannot claim any indemnity other than the free rescheduling of the Event to a later day or the reimbursement of his/her order with a subtraction of a fixed amount.

The Event can be cancelled due to cases of force majeure which may place people in danger. The following cases are expressively considered as cases of force majeure, in addition to those usually deemed as such under the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, the bankruptcy of one of the service providers involved in the Event organization, wars, political unrest, earthquakes, fires, storms, floods, thunder.

APOTEOSURPRISE reserves the right to modify the planned times of the Event if it considered that the Client's security cannot be insured, and this without the Client being able to claim any indemnity other than a free rescheduling of the Event at another date or a refund of the amount paid with the subtraction of a fixed amount corresponding to the committed expenses of APOTEOSURPRISE for the Event initially planned.

The Client has been informed that the running of the ordered Event may be subjected to modifications due to either an event independent beyond the control of APOTEOSURPRISE, or decisions made by the competent authorities concerned.

In the event of a failure or a technical malfunction of the light board of the Event "Say I love you in a limousine", a failure beyond the control of ApoteoSurprise, the amount of one hundred (100) euros will be refunded to the Client within ten (10) days following the date of the Event.

The computerized registers kept within APOTEOSURPRISE's computer system in reasonable security conditions will be considered as proof of communications, orders and payments intervened between the parties.

The archiving of order information and exchanges between the parties is done using a reliable and durable support so as to correspond to a faithful and durable copy in accordance with Article 1348 of the French Civil Code.

All complaints regarding the non-execution or bad execution of an Event must be indicated to APOTEOSURPRISE by telegram, fax or certified mail with delivery confirmation within a delay of fifteen (15) days after the date that the Event took place, accompanied by the potential pieces of evidence. After this delay, no complaint will be able to be considered.

In the case of an emergency or major problem with the execution of the Event, the Client is expected to report this to APOTEOSURPRISE as quickly as possible by calling the telephone number which will have been indicated to the Client in the email confirming his/her order.

All the brand names, logos, brand names, drawings, photos, animations, texts, concepts and scenarios which appear on the website www.apoteosurprise.com are the exclusive property of ApoteoSurprise.

Any total or partial reproduction of the brand names, logos, brand names, drawings, photos, animations, texts, concepts and scenarios which appear on the website www.apoteosurprise.com, in any form, by commercial firms, non-profit organizations or charitable organizations, is strictly forbidden without the consent of the owners of the trademarks or rights attached.

All requested information not marked as "optional", on the Order Form, is required in order to manage the Client's order. The failure to supply optional data will not effect the Client's treatment.

The information seized is intended for APOTEOSURPRISE. This information is used to manage, secure and validate the Client's order.

The information communicated by the Client when placing an order will not be passed on to any third parties with the exception of the service providers taking care of the actual execution of the ordered Event. This information will be considered by APOTEOSURPRISE and its service providers as confidential.

In accordance with Article 34 of the French Data Protection Act No.78-17 dated January 6, 1978, the Client have a right to request access to, correct, modify or delete its personal data by simple request. The Client may exercise this right by writing to the following address: APOTEOSURPRISE, 58 avenue des Frênes, 77144 Montévrain (France).

The automated processing of personal information on the website www.apoteosurprise.com has been declared to the French National Commission for Data Protection and the Liberties (CNIL) under the number 1097794.

The Terms & Conditions are applicable during the entire period that the services offered by APOTEOSURPRISE are published online.

APOTEOSURPRISE is a Limited Liability Firm (SARL) with a paid up capital of 10 000 euros registered with the Trade and Company Register (RCS) in Meaux under the number 482 226 909 and with a head office situated at the 58 avenue des Frênes 77144 Montévrain (France).

APOTEOSURPRISE is covered for civil responsibility by the insurance firm GAN Eurocourtage for up to 750000 euros under the contract No. 86.329.978.

Last updated: September 17, 2009
This page is an english translation of the officials Conditions de Vente ans is given at indicative purpose.
Only the French officials Conditions de Vente are legally valuable.