ARTICLE I : QUIZZ ROOM
1. Quizz Room ("Quizz Room" or the "Provider") is a simplified joint stock company with a capital of €1,449.00 registered with the Paris Trade and Companies Register under number 841 563 042, whose registered office is 9 rue Guénégaud, Paris 75006 and whose intra-community VAT number is FR 07 841563042. E-mail address: [email protected] Phone details: +33(0)1 42 03 68 34.
2. Quizz Room offers for sale the provision of services (the "Services") relating to the reservation of leisure rooms (the "Rooms") in order to conclude sales contracts (the "Contracts") with a consumer (the "Purchaser"), under the terms of which Quizz Room makes one or more Rooms available to participants (the "Participants"); if the Purchaser participates in the leisure activities, the Purchaser is deemed to be a Participant.
ARTICLE II : PURPOSE
1. The purpose of the General Terms and Conditions of Sale (the "General Terms and Conditions" or "GTC") is to define the rights and obligations of the Purchaser and Quizz Room within the framework of the Contracts:
a. these General Conditions may be modified at anytime by Quizz Room;
b. they are applicable as soon as they are displayed online, but any modifications will not apply to ongoing transactions while these modifications are simultaneously published online;
c. The last revision of the General Terms andConditions was carried out on 4 June 2020.
2. The General Terms and Conditions are accessible on the Website and in all Quizz Room premises; subject to any special conditions applicable to a specific type of Services, specified separately and prior to the conclusion of any Contract, the General Terms and Conditions apply to the exclusion of all other conditions.
ARTICLE III : PRECONTRACTUAL INFORMATION
The Purchaser acknowledges having read the General Terms and Conditions as well as all the information they contain, to have accepted them before the validation of any order and that they fully applyin accordance with article 1119 of the Civil Code.
ARTICLE IV : QUIZZ ROOM SERVICES
1. At available times and depending on the number of Participants indicated by the Purchaser, Quizz Room offers for sale Services for the reservation and provision of one or more Rooms, including the possibility of using a set of questions and answers with the following characteristics:
- digital and audiovisual communication of questions for the attention of the Participants ;
- provision of a beeper allowing Participants to answer questions individually or collectively;
- automatic counting of each Participant's points;
- multiple game mechanics belonging to Quizz Room and which may be modified over time.
The use of the equipment of game Rooms is subject to the presence of at least four (4) Participants, without exceeding eighteen (18).
2. In addition to the reservation and the provision of the Rooms, Quizz Room can carry out a personalisation service of ten (10)questions called "Personalised Questions":
a. the order of the service of Personalised Questions commits the Purchaser to communicate to Quizz Room the said questions up to three days before the reserved Room(s) is/are made available by following the instructions that Quizz Room will communicate to the Purchaser via an e-mail specifically dealing with this purpose;
b. Quizz Room reproduces and communicates to allParticipants the content of the questions as provided to it by the Purchaser or the Participants ;
c. in order to be broadcast in the Room, the content of the Questions communicated to Quizz Room may not be manifestly illicit or offend public morality.
3. Upon the express request of the Purchaser andprior to the conclusion of any Contract, the Purchaser may contact Quizz Room to order the provision of additional personalised services, which will be subject to a quotation issued by Quizz Room.
ARTICLE V : PRICE OF SERVICES
1. The price of the Services offered for sale on the Website is freely set by Quizz Room, in accordance with applicable laws and regulations.
2. Quizz Room reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order for the supply of Services (the "Order") subject to availability at that date.
3. The price of the Products and Services is not negotiable by the Purchaser.
4. The prices of the Products and Services are indicated in euros and are set all taxes included as in force on the day of the Order: any creation or modification of tax, whatever its nature or amount, willbe applied to the Contracts, including for current Orders, as soon as it comes into force.
5. The price per Participant included in an Order is set according to the total number of Participants:
a. Twenty-four euros (24 €) per Participant when the total number of Participants is between four (4) and six (6) ;
b. Twenty euros (€20) per Participant when the total number of Participants is between six (6) and eight (8) ;
c. Eighteen euros (18 €) per Participant when the number of Participants is between nine (9) and eighteen (18);
d. The presence of a number of Participants greater than the number initially indicated in the Order placed by the Purchaser shall give rise to the payment, on the spot and by credit card, of a price per additional person corresponding to the price list set out above.
6. The price of the Personalised Questions service is set at 40€ when the number of Participants does not exceed six (6) and at the rate of 60€ when the number of Participants is between seven (7) and eighteen (18).
ARTICLE VI : ORDERS
1. The Order is made online within the limits of available Rooms.
2. After having selected the number of Participants and the desired date and time of reservation, the Purchaser clicks on the "Booking" tab; the Purchaser then has the option to select additional services from a list that is proposed to him.
3. The Purchaser identifies himself/herself to Quizz Room by indicating his/her first name, surname, e-mail and telephone number; the Purchaser can also identify himself/herself via a simplified procedure using his/her Facebook account.
4. After having reviewed the summary of his Order as well as the General Terms and Conditions of Sale which he accepts by clicking on the indicated place, the Purchaser validates his Order;
a. any validation of the Order by the Purchaser is tantamount to acceptance of the price and characteristics of the selected Services;
b. any validation of the Order by the Purchaser is deemed irrevocable acceptance of these Terms and Conditions by the Purchaser;
5. The Purchaser proceeds to the payment of his Order and, within forty-eight hours from the payment, receives an e-mail from Quizz Room confirming or cancelling his Order; the cancellation is an exceptional case.
6. The sale is considered final after :
a. confirmation of the Order by Quizz Room ;
b. collection of the full price by Quizz Room, which retains the right to suspend or refuse the Purchaser's Order in the event that the debit has not been possible.
7. For any question relating to the follow-up ofhis Order, the Purchaser should contact the Seller directly.
ARTICLE VII : TERMS OF PAYMENT
1. Upon validation of the Order by the Purchaser, payment of the full price is due by the Purchaser to Quizz Room.
2. The Purchaser shall pay the price of theServices online using one of the following credit card options: Credit Card, e-credit card, Visa, Mastercard, American Express Card.
3. The transaction and collection of the proceeds of sales made via the Site are carried out via the payment service provider Stripe and all Purchasers are invited to consult Stripe's General Conditions of Use prior to any transaction via the link https://www.quiz-room.com/en/booking.
ARTICLE VIII : PROOF OF TRANSACTIONS
1. The online supply by the Purchaser of his credit card number and the final validation of the order will be proof of the Purchaser's agreement to:
a. the due date for payment of the sums due under his Order ;
b. all operations carried out by the Participant on the Site.
2. However, in the event of fraudulent use of his/her credit card, the Purchaser is invited, as soon as such use is observed, to contact Quizz Room's Customer Service.
3. In addition, the computerised registers and data, kept in the computer systems of Quizz Room and its partners in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
4. The archiving of Purchase Orders shall be carried out on a reliable and durable medium that can be produced as proof.
ARTICLE IX : ACCESS TO THE GAME ROOMS
1. Access to the Rooms reserved by the Purchaser is subject to full and prior payment of the Order.
2. Access to the Rooms is forbidden to Participants under thirteen years of age not accompanied by an adult Participant.
3. The delay of one or more Participants has no effect on the time and duration of the availability of the reserved Rooms: they cannot be postponed or extended beyond the limits provided for in the Order and the Room must therefore be vacated at the time initially set; after a delay of fifteen minutes, the capacity of the room's equipment and the duration of the game will necessarily be reduced.
4. The equipment and furniture located in the premises of Quizz Room are made available to the Participants and the Purchaser, subject to fair and delicate use, without any damage or harm being inflicted on them.
5. It is forbidden to bring a drink, whether alcoholic or not, into the premises.
6. Quizz Room reserves the right to refuse access to the Rooms if at least one Participant is intoxicated or under the influence of illegal substances or has a threatening, aggressive or violent behaviour.
ARTICLE X : CHANGES TO THE ORDER
1. Unless exclusively attributable to Quizz Room, the cancellation of the Order is impossible and the absence of the Participants at the date and time the Room is made available cannot give rise to a refund of the sums paid in consideration of the Order for Services.
2. The Purchaser has the right to modify, free of charge, the date and time of the reservation up to five days before the Room(s) is/are actually made available by clicking on the link provided for this purpose in the Order confirmation e-mail sent by Quizz Room; after the aforementioned deadline, no modification is possible.
3. The reduction in the number of Participants does not affect the initial amount of the Order and Quizz Room will not be able to return to the Purchaser the sums initially paid; however, in compensation, Quizz Room will offer a free voucher valid for six (6) months, the amount of which corresponds to the difference between the total price of the initial Order and the sum of the price per Participant present obtained by reference to article V-5 above; in order to be valid, the voucher must be requested by the Purchaser at the following address: [email protected], before the expiry of aperiod of five (5) days from the date of use of the Room.
4. An increase in the number of Participants is possible at any time, subject to the fulfilment of the payment obligation set out in Article V-5-d and up to a limit of :
- 18 Participants in case only one Room had initially been reserved;
- 36 Participants in case two Rooms had initially been reserved;
- 26 Participants in case the “Salon” had initially been reserved;
- 36 Participants in case the Bordeaux “Salon” had initially been reserved.
Beyond the above-mentioned limits, Quizz Room reserves the right to refuse access to the Rooms to certain Participants.
5. Cancellation of the Personalized Questions service is impossible and, except in the event of a breach directly and exclusively attributable to Quizz Room, the failure by the Purchaser to communicate Personalised Questions cannot give rise to a refund of the sums paid in consideration for the purchase of this service.
ARTICLE XI : ABSENCE OF RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L221-28-12° of the Consumer Code, which stipulate that the right of withdrawal do not apply to contracts for the provision of leisure activities at a specific date or period, the Purchaser does not benefit from a right of withdrawal.
ARTICLE XII : VOUCHERS AND GIFTS
1. At the end of the provision of a Room and the use of the game offered by Quizz Room, the Participant declared winner of the game benefits from an Voucher worth 20€, valid until the expiry of a three-month period starting from the first day of the month following the month during which the Room was made available to the Purchaser.
2. The Voucher is obtained by the issuance, by Quizz Room, of an e-mail specifically provided for this purpose or, failing this, by a request, by all means, coming from the winning Participant, before the expiry of a seven-day period starting from upon which the Room was used.
ARTICLE XIII : LIABILITY
1. Quizz Room may only be held liable for acts which are directly and exclusively attributable to it, subject to causing either the Purchaser or a Participant direct prejudice.
2. Quizz Room cannot be held liable in the event that non-performance or poor performance of its obligations is attributable to:
a. improper use of the Room and its functionalities by the Purchaser or by any Participant ;
b. a fault attributable to the Purchaser or any Participant;
c. force majeure, i.e. an unforeseeable and insurmountable fact of a third party and in particular: a general strike of public transport drivers followed by more than 50% by the professionals concerned, a technical failure of the game making it impossible for all Participants to use it, an administrative closure of the Quizz Room premises;
d. a technical failure of the game that does not make it impossible for all Participants to use it;
e. inconveniences inherent to the use of the internet network - such as an interruption or disruption of service, external intrusion or the presence of computer viruses.
3. In the event that the provision of a Room and the use of the game by all the Participants proves to be impossible due to force majeure, Quizz Room undertakes to postpone the execution of the Services ordered free of charge before the expiry of a three-month period from the date of the initial provision of Services; at the end of this period, in the event that the new delivery dates proposed by Quizz Room do not suit the Purchaser and subject to having received a request for postponement from the Purchaser concerning at least ten new dates included in the aforementioned three-month period, Quizz Room will refund the amounts initially paid by the Purchaser.
4. In the event that the Purchaser has requested the "Personalised Questions" Service :
a. only the Purchaser can be held liable for the content of the Questions submitted to Quizz Room ;
b. the Purchaser and the Participants exempt Quizz Room from any liability in the event that these Questions cause any prejudice of any kind to any Participant or third party;
c. Quizz Room reserves the right not to disseminate Questions the content of which is grossly illegal, or which would be detrimental to good morals and its decision cannot in any way justify a refund of the amounts paid by the Purchaser for the Personalised Questions Service.
5. The Purchaser undertakes to hold and guarantee Quizz Room harmless against any liability, any recourse and any requests relating to the Services ordered by the Purchaser and whose non-performance is attributable to the Purchaser.
6. The Purchaser guarantees the fair use of the leisure equipment by all Participants and indemnifies Quizz Room against any damage or harm of any kind to goods, equipment, materials and persons inflicted by any Participant during the execution of the Services; the Purchaser cannot in any way oppose to Quizz Room the absence of subordination or a contractual relationship with a Participant to avoid the obligations for which it is liable.
7. In case of damage inflicted to the goods or equipment placed within the Quizz Room premises by one or more Participants linked to the Purchaser's Order, the repairs will be evaluated and notified to the Purchaser within sixty (60) days; the Purchaser will have a period of fifteen (15) days from the notification issued by Quizz Room to pay the cost of the repairs, and no delay can be granted for recourse to insurance.
8. In the event of late or non-payment, the Purchaser shall owe a fixed compensation for collection costs, in the amount of 40 euros, by right and without prior notification - in addition to the amount of the sum due plus interest for late payment.
ARTICLE XIV : INTELLECTUAL PROPERTY
1. The content of the Site as well as the products and representations appearing within the Quizz Room premises (technical documents, drawings, photographs, etc.) are protected by copyright, trademarks or patents.
2. The Purchaser and the Participants undertake not to make any non-personal use of this content without the prior agreement of Quizz Room.
3. Any total or partial reproduction of this content, without the prior permission of Quizz Room, is strictly prohibited and is likely to constitute an infringement of copyright.
4. The content of the Personalized Questions remains the property of the Purchaser, who is deemed to be the author; Quizz Rooms' undertakes to exercise only a one-time right of communication and strictly limited to the duration of the effective provision of the Room; within a reasonable period of time after the expiry of the duration of the provision of the Room, Quizz Rooms' undertakes to delete the content of these Questions from its databases.
ARTICLE XV : PERSONAL DATA
1. The personal data provided by the Purchaser is necessary for processing his order and for the preparation of invoices.
2. They are subject to computer processing.
3. The Purchaser is invited to consult the Charter relating to the protection of Personal Data on the Site to read all the information on this subject here.
ARTICLE XVI : MEDIATION
1. For any dispute and in the event of failure orin the absence of a response from the Quizz Room within a period of two months, the Company may resort to conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, or to any other alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
2. It is always possible to accept or refuse recourse to mediation and, if mediation is used, to accept or refuse the solution proposed by the mediator.
ARTICLE XVII : MISSING TERM OR CONDITION
1. In the event of the disappearance of one of the clauses of these General Conditions, in particular following the application of a provision, a regulation or following a final decision of a competent court, the other stipulations of these General Conditions will retain their full force and scope.
2. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
ARTICLE XVIII : MISCELLANEOUS
1. Any interrupted notification of a time limitshall be assessed for this purpose at the time of dispatch.
2. Any notification which starts a time-limit shall be assessed for this purpose at the time of its receipt.
ARTICLE XIX : APPLICABLE LAW AND JURISDICTION
1. The General Terms and Conditions are subject to French law.
2. The competent court in the event of a dispute will be that of the place of residence of the defendant, or at the choice of the plaintiff, the place of actual delivery of the Product.