LEGAL INFORMATION as of August 18, 2016
PUBLICATION OF THE SITE AND APPLICATION:
Company: SAS CULTURESECRETS
Paris Trade and Companies Register No.: 801 907 452
Registered office: 94 Rue du Bac, 75007 Paris, France
Registered capital: 30,000 EUROS
SITE BUILT BY:
Droids On Roids Sp. z o.o.
Registered office: Plac Solny 15, 50-062 Wrocław, Poland
Telephone: +48 535 637 643
This document lays down the general conditions for the use of services from CULTURESECRETS.COM. We reserve the right to amend them in accordance with changes in the site and hence request you to re-read them regularly.
All editorial content and graphics on this site are protected by French legislation and international treaties (the Bern Convention and Volume 1 of the French Intellectual Property Code). They may not be copied without express permission from CULTURESECRETS and its publication director.
Any link to the site www.culturesecrets.com must be granted prior authorization from the company CULTURESECRETS. Any reproduction, representation, publication, transmission and, more generally, unauthorized use of the site and/or its content for whatever purpose is strictly forbidden. Offenders will be held liable for such misdemeanors, and will be subject to legal action, notably for counterfeiting. However, the dissemination of information contained in the site can be envisioned for non-commercial purposes, although solely with permission from CULTURESECRETS and the company’s publication director, and on condition that it is not modified. Permission for reproduction is granted on a case-by-case basis. Please address all such requests to firstname.lastname@example.org.
The information that we gather is provided by voluntary registration on our site. The information you give us is never made available to third parties.
CULTURESECRETS respects the privacy of its users, and the company guarantees that the gathering and processing of personal information on this site are performed in accordance with French Act n°78-17 of 6 January 1978 on information technology, data files and civil liberties. Accordingly, a declaration for CULTURESECRETS.COM has been filed with the Commission Nationale de l’Informatique et des Libertés (National Commission on Information Technology and Liberties, CNIL) under number 1793070. In compliance with Article 34 of the French law concerning information technology, data files and civil liberties, you have a right of access, rectification, modification and deletion with regard to the information we hold concerning you. You can exercise this right on the site by going to your profile page, or by directly contacting the company CULTURESECRETS at the following address: email@example.com
GENERAL SALES CONDITIONS / GENERAL CONDITIONS OF USE (2016/08/18) PREAMBLE
The services offered via CULTURESECRETS’ mobile application and website are provided by CULTURESECRETS, a simplified joint stock company, which operates this site under the publication direction of Mrs. Krystyna Winckler, the manager. The company’s registered name, its corporate name and the address and telephone number of the site’s hosting provider are indicated on the site.
Via the above-mentioned application and site that it operates, SAS CULTURESECRETS provides a free reservation or the purchase of the following service: exceptional artistic and cultural events (private vernissages, meetings with artists, actors and experts, dinners at unusual locations, queue-jumping opportunities, seats at concerts and theaters, private visits, etc.) specially reserved for CULTURESECRETS’ Premium Members.
CULTURESECRETS is a simplified joint stock company with registered capital of 30,000 euros, having its registered office at 94 Rue du Bac, 75007 Paris, France, and registered in the PARIS Trade and Companies Register under the number B 801 907 452.
These General Sales Conditions prevail over any other document except special sales conditions that may be applicable to a particular event. If such special conditions exist, they are stated on the event’s presentation page.
CULTURESECRETS usually acts as an intermediary between customers and organizers, on behalf of the latter. Hence, these General Sales Conditions mainly concern sales of control tickets. The provisions of these General Sales Conditions apply in accordance with the same principles to events organized by CULTURESECRETS itself.
ARTICLE 1 – DEFINITIONS
“APPLICATION” refers to the CULTURESECRETS application used on iOS-compatible smartphones and tablets, allowing reception, consultation and use of communication services designed for online users, as well as to features of these services (downloading, consultation, etc.), regardless of location (France or elsewhere). “SITE” refers to the website www.culturesecrets.com operated by the company CULTURESECRETS.
“VOUCHER” or “TICKET” refers to the document provided by CULTURESECRETS allowing you to obtain services from CULTURESECRETS’ institutional and commercial partners, and constituting a means of proof that the holder – the customer – is entitled to enter the event venue.9 “CUSTOMER” means any mobile or fixed Web user employing the CULTURESECRETS services available via the CULTURESECRETS application, as a private individual and exclusively for private purposes.
“PREMIUM MEMBER” means any customer having purchased the CULTURESECRETS PremiumPass for the price of €228 for one year (namely €19 per month).
“CONTROL TICKET” refers to the document constituting a receipt that must be exchanged for one or more tickets authorizing admission to an event.
“PERSONAL INFORMATION” refers to a customer’s name, postal address, email address, telephone number, login credentials and, generally, any information about the customer that is deemed to be personal as defined by applicable French legislation, and that is gathered via use of the site.
“EVENT” refers to shows, evenings, meetings or other artistic and cultural events (such as vernissages, exhibitions, meetings with artists, plays, movie screenings and concerts), whether or not open to the general public, produced or organized by the organizer and/or CULTURESECRETS.
“ORGANIZER” means any person or entity that organizes an event and markets it via the application or the site – independent experts or institutional and commercial partners of the company CULTURESECRETS.
“PRICE” means the unit value of a control ticket; this value includes all taxes (e.g. VAT) and reservation charges.
“TOTAL PRICE” means the cumulative total charge for all control tickets reserved; the amount includes all taxes (e.g. VAT).
“RESERVATION” means any firm and final order for control tickets made via the CULTURESECRETS application.
ARTICLE 2 – SCOPE OF APPLICATION
The CULTURESECRETS General Sales Conditions have been valid since August 12, 2014. This version cancels and replaces all previous versions.
These General Sales Conditions apply to any use of the application and site, notably the marketing of all services offered by the company via the application and site CULTURESECRETS.
Hence you must carefully read the General Sales Conditions, to which there is a link on every page of the site. In particular, you are advised to download and/or print them out so as to keep a copy of the General Sales Conditions applicable on the day of your order, especially as conditions can be revised, remembering that any changes will not be applicable to services having been provided prior to the date of effectiveness of the aforesaid conditions.
CULTURESECRETS’ General Sales Conditions may be augmented by special sales conditions stated in the description of the service, and by service providers’ sales conditions, which will be available via the website or the application.
ARTICLE 3 – CUSTOMER’S DECLARATIONS
The customer declares that he/she has the legal capacity to contract with the company CULTURESECRETS, namely that he/she is at least 18 years old, is legally able to conclude a contract, and is not under wardship or guardianship. The customer also declares that he/she will use the site in accordance with these General Sales Conditions, in his/her own name, and in the name and on behalf of every beneficiary (hereafter referred to as the Beneficiaries) of the services ordered by the customer on the site, for whom he/she acknowledges being the authorized representative, and to whom these General Sales Conditions will be applicable.
The customer is financially liable for use of the application made in his/her name or on behalf of Beneficiaries, unless proof can be provided of fraudulent use not resulting from any fault or negligence by the customer. The customer guarantees the truth and accuracy of information that he/she provides in his/her own name or on behalf of all Beneficiaries using his/her information on the site.
CULTURESECRETS reserves the right at any time to refuse to contract with a user making fraudulent use of the site or contravening these General Sales Conditions. CULTURESECRETS reminds customers of the provisions of Article 313-1 of the French Penal Code:
"Fraud is characterized either by the use of a false name or a false status, or by the misuse of a genuine status, or by the use of fraudulent ploys to deceive a natural person or legal entity and to define it as such, to its prejudice or to the prejudice of a third-party, to transfer funds, securities, or any asset, to supply a service, or consent to an act entailing an obligation or a release. Fraud is punished by five years’ imprisonment and a fine of € 375,000.”
ARTICLE 4 – TERMS OF MEMBERSHIP OF THE CULTURESECRETS CIRCLE OF PREMIUM MEMBERS
CULTURESECRETS is also a Circle of Premium Members, membership of which is possible only after registering and purchasing the CULTURESECRETS PremiumPass at the price of €228 per year (namely €19 per month). The Circle exists to welcome lovers of art and culture.
Premium Member entitles you the right to 4 events every month from a large selection:
- free tickets (concerts, theater shows, movies, exhibitions, and more) often offered by our partners;
- queue-jumping vouchers provided (for museums, monuments, etc.);
- invitations to vernissages.
- an exclusive creation designed by CultureSecrets (meetings with artists, writers and musicians at exceptional locations)
To join the CULTURESECRETS Circle of Premium Members, after your first login to the CULTURESECRETS application or site, you are invited to fill in a CULTURESECRETS PremiumPass registration form that is sent to you automatically. The www.culturesecrets.com site and the iOS mobile Application also provides a form enabling you to fill in your personal information and purchase the PremiumPass.
You can also buy a PremiumPass as a gift, and in that case, will have to enter information about the beneficiary.
You certify that the information entered in this registration form is true and accurate.
It is at this stage and after payment that the customer or beneficiary joins the CULTURESECRETS Circle of Premium Members.
ARTICLE 5 – LOGGING IN
Every CULTURESECRETS customer can create an account directly via the Application or Website (using an email address and password, or a Facebook login). If you already have an account for the application or site, login takes place automatically.
When you create your account, you are also asked “Through whom did you get to know about CULTURESECRETS?”, but answering this question is not mandatory.
You can consult your “PROFILE” at any time after logging in with your credentials, change your password and, if desired, log out.
Only a Premium Member can make reservations for Premium offers.
ARTICLE 6 – MAKING RESERVATIONS
A customer can order services offered on the Website or the application directly via a smartphone or tablet, after having accepted these General Sales Conditions.
To make a reservation:
- You are invited to select the event, the date and the number of seats desired from the catalog of events offered via the application.
- After selecting an event, date and the number of seats wanted, a summary viewable via the site or application enables you to check information on the reservation status.
- You should make sure that the information matches your choices. This summary is for information purposes only, and does not constitute a firm reservation of tickets at this stage.
Once you approve the summary of your selection:
- You are invited to read and accept these General Sales Conditions, as well as any special sales conditions applicable to the event. If such special conditions exist, they are stated on the event’s presentation page. Hence, you should carefully read the event description to check whether you accept the special conditions before finally approving your order. Acceptance of these General Sales Conditions is expressed by putting a checkmark in the checkbox beside the “Buy” button. Reservations cannot be canceled, cannot be re-scheduled, and are non-refundable.
- You are invited to pay by bank card via the site or application. The control ticket is temporarily reserved for a few minutes so that you can make payment. As soon as payment has been acknowledged by CULTURESECRETS, an email confirming your order is sent to you directly, with the corresponding control ticket or a statement that the control ticket is being sent to you by mail.
- Your order becomes firm and final only after reception of the confirmation email sent by CULTURESECRETS, accompanied by the purchased control ticket.
ARTICLE 7 – OBTAINING CONTROL TICKETS
Once your order is firm and final, you will be sent a control ticket by email. Sometimes, for certain events, the ticket, queue-jumping voucher or invitation is also sent directly by mail.
A single control ticket is issued per reservation.
You are advised to print your control ticket and present it at the entrance, following the procedure explained to you before the day of the event, ten (10) minutes before the starting time of the event. The event staff at the entrance makes sure that your reservation is indeed on the list forwarded by CULTURESECRETS, before issuing you the ticket or commencing the service. Please be aware that the first person reaching the entrance with the control ticket will be issued the corresponding ticket(s), so please take all appropriate precautions to ensure that your login credentials are not acquired and used by unauthorized persons.
When printing the control ticket, you should check that your printout contains all the information necessary for obtaining your ticket(s) in exchange for your control ticket.
When tickets, queue-jumping vouchers or invitations are sent by mail, please be sure to take them with you to the event, so that you can gain entry.
ARTICLE 8 – ABSENCE OF CANCELATION RIGHT
Under the terms of Article L 121-20-4 of the French Code of Consumption, the customer holds no cancelation right.
ARTICLE 9 – PAYMENT AND SECURITY TERMS
For events, only payment by bank card via the site and compatible smartphones and tablets is accepted.
All orders are payable in euros.
Use of the site, application and service is free. CULTURESECRETS has concluded a service agreement with Adyen.
This agreement is intended to ensure everything necessary for administration of a payment service and secure acceptance of payments via the application for events, with proper management of the security of communications and protection of secrecy (encryption keys).
An order is effectively accepted only after approval from the bank payment clearing center. In case of rejection by the center, the order will be automatically canceled and you will receive a cancellation advisory (by email).
You certify that you are fully entitled to use the payment card employed, and that there are sufficient funds in the card account to cover the order. The commitment to pay accepted through use of a payment card is irrevocable. Payment can be opposed only in case of loss, theft or fraudulent use of the card. Aside from these particular cases provided for by law, the card holder would be guilty of bank card fraud. Nor may payment opposition be used as to circumvent the absence of a cancelation right.
During each bank card payment transaction, you are queried as to whether you want the card details to be stored to facilitate future payments.
The transaction is debited immediately from your bank card account, after verification of the information, on reception of the debit authorization from the issuer of the bank card used.
By providing information concerning your bank card, you – the customer – authorize CULTURESECRETS to debit your card for the amount corresponding to the all-inclusive price. Accordingly, you declare that you are the holder of the bank card to be debited, and that the name on the card is indeed your own.
The automatic order registration systems are deemed to provide proof of the nature, content and date of the order.
CULTURESECRETS remains the owner of ordered tickets and control tickets until they have been fully paid for.
ARTICLE 10 – MODIFICATION OR CANCELATION OF AN EVENT AND REFUNDS
Events take place on the sole responsibility of the Organizer. CULTURESECRETS may not be held liable for organization of an event if the company did not organize it itself.
Tickets are non-refundable, even in cases of loss or theft; nor are they taken back or exchanged.
Tickets are refundable only if the event is canceled by the organizer or by CULTURESECRETS, and only the purchase price of a ticket is refunded. Refunds are made only to the initial purchaser. Under no circumstances are any incurred expenses refunded or offset.
No duplicate tickets are issued, even in cases of loss or theft.
When entering an event, you may be asked to show a currently-valid identity document bearing a photo, and the name on the said document must match the name on the ticket in the case of tickets containing the person’s name.
In case of cancellation of an event or of a change in the starting time, location or date, you will be informed by CULTURESECRETS by email sent to the address you have provided and/or, where appropriate, by text message to the mobile phone number you provided during account registration.
No refund will be issued in cases of re-scheduling of an event.
In any case and notably due to the possible failures of electronic message delivery, CULTURESECRETS is unable to guarantee your effective reception of an email or text message.
ARTICLE 11 – SEAT AVAILABILITY
Organizers allocate a number of seats for a particular event to CULTURESECRETS. When you place an order, you select the desired number of tickets within the limit of the available seats.
Reservations are made in real time. Thus when placing an order, you are informed about the availability of tickets in real time. If no seats are available for a desired event, you are automatically informed that no order can be placed for the event in question.
ARTICLE 12 – PRICES AND NUMBER OF SEATS
The price of a ticket is stated in euros, inclusive of all taxes and is the price of the ticket that will be issued in exchange for the control ticket.
The price for an event listed via the application or site is the one for one single ticket. The all-inclusive price payable by the customer is stated on the application or site page during confirmation of the reservation.
When promotions or special offers are run, CULTURESECRETS undertakes to charge the promotional price for any reservation made during the period of the promotion.
CULTURESECRETS reserves the right to alter prices at any time, but control tickets are charged for based on the prices applicable at the time your reservation becomes final.
CULTURESECRETS reserves the right to apply a different price for Premium Member customers, and to offer them free entry to an event.
Tickets and control tickets may not be re-sold. With regard to this point, you are reminded that, in application of the provisions of Article L.313-6-2 of the French Penal Code “Selling, offering for sale or exhibiting with a view to sale or transfer, or providing means to facilitate the sale or transfer of tickets granting access to a sporting, cultural or commercial event or a live spectacle, habitually and without the authorisation of the producer, the organiser or the holder of the licensing rights for the event or spectacle in question, is punished by a fine of €15,000. This fine is increased to €30,000 in case of a repeated offense”. In law, an ‘entry credential’ is deemed to be “Any ticket, document, message or code, regardless of the form or medium, certifying the obtaining, from the producer, the organizer or the holder of the licensing rights, of the right to attend an event or show.”
ARTICLE 13 – LIMITS ON LIABILITY
CULTURESECRETS is, primarily, only an intermediary between the customer and organizers. Notwithstanding, CULTURESECRETS may act as an organizer of private and particular events.
Events take place under the sole responsibility of the organizer. In no case may CULTURESECRETS be held liable for a change in time, location, cast or any other aspect of the event, unless CULTURESECRETS is the organizer of the event.
Every Organizer sets the rules for the organization of its event. These rules are fully applicable to the customer.
ARTICLE 14 – PERSONAL DATA
Personal data about the customer are necessary for the management of his/her reservation, his/her “My Account” area, commercial dealings with CULTURESECRETS, sending CULTURESECRETS newsletters, and sending alert emails.
Before placing an order, you should ensure that your contact information is up to date, and that there are no errors in your other personal data. This is because CULTURESECRETS may need to contact you to alert you if there is a change of time or location of an event, or if it is canceled.
In compliance with Article 22 of French law 78-17 of January 6, 1978, amended by French law 2004-801 of August 6, 2004, the declarations required by the CNIL have been filed for processing personal data obtained from registration forms. The party responsible for this processing is CULTURESECRETS.
The personal data gathered and processed by CULTURESECRETS via registration forms in your “My Account” area are confidential.
After proving your identity, you can exercise your right of access, rectification, deletion and protest concerning your personal data by writing to CULTURESECRETS at 94 Rue du Bac, 75007 Paris, France, or by email to the following address: [ firstname.lastname@example.org ].
ARTICLE 15 – CUSTOMER SERVICE AND ORDER TRACKING
If you need further information or have questions, our customer service is available by email at the following address: [ email@example.com ].
Postal address: CULTURESECRETS, 94 Rue du Bac, 75007 Paris, France
ARTICLE 16 – APPLICABLE LAW, AND DISPUTES
These General Sales Conditions are subject to French law. In the event of a dispute, French courts shall hold sole jurisdiction.