Terms & conditions
1 Scope of the Website
LOVELY SURPRISE ™ * has the objective to substitute any physical or moral person who wishes to offer a surprise-gift to a third party either the said person does not have the possibility to purchase the surprise-gift in person, or because the said person wishes to remain anonymous.
The reason for which the counterparty of LOVELY SURPRISE ™ * has recourse to these services is without incidence on the relationship between the two parties. LOVELY SURPRISE ™ * does not have to know the reason, the contracting party does not have to provide a reason, if both parties are aware of the reason, this is without incidence on the legal relation.
* LOVELY SURPRISE is a commercial trademark of Viviane REZICINER, used as licensed product
2 Geographical area
LOVELY SURPRISE ™ * is reserved exclusively to users located in Western Europe, Canada ans United States.
This restriction applies to the principals as well as to the beneficiaries.
3 Définitions
- LOVELY SURPRISE ™ * is a commercial company whose characteristics appear hereafter and whose single corporate object is to exploit an internet Website named www.lovely-surprise.com and whose principal activity consists in counterparty its contracting in the action to offer a surprise-gift.
Counterparty or principal : these two terms are, within the scope of general conditions, synonymous.
They refer to the physical or moral person who wishes to appoint LOVELY SURPRISE ™ * to do offer a surprise-gift to an individual designated by the prinicpal.
- Beneficiary :it is inevitably an individual designated by the principal and who is the receiver of the surprise-gift .
- Surprise-gift : a gift composed by one or more commercial objects or custom made, chosen by LOVELY SURPRISE ™ * according to the indications of the principal.
4 Identification
In accordance with the legal provisions, LOVELY SURPRISE ™ * declares that it is :
Commercial name : LOVELY SURPRISE ™ *
Legal form: limited liability company
Authorized capital: 8000 euros
Registered office: STRASBOURG
Office trade register: 9,rue des Arquebusiers 67000 STRASBOURG
Registration Number :2008 B 1844
SIRET Number :50773583500013
Manager:Elisabeth REZICINER
* LOVELY SURPRISE is a commercial trademark used as licensed product
5 Legal nature of the relationship between the parties
Between LOVELY SURPRISE ™ * and its principal entered into a power of attorney within the meaning of the article 1984 of the French Civil Code, it is defined as follow: " the power of attorney is an act by which a person gives to another the power to do something for the principal and on his name "
This power of attorney is remunerated under the conditions that are hereafter set out.
It is special: Limited to one surprise-gift for one person.
The principal recognizes to be perfectly aware that there is no sale of an article, neither the property, nor the detention, nor the possession of the surprise-gift is at any time transferred to the principal.
Furthermore, the principal has no knowledge of the nature of the surprise-gift, until and only after the delivery to its beneficiary who therein becomes the owner of the surprise-gift.
6 Duration of the power of attorney and time of execution
The power of attorney is concluded for an unlimited duration.
It starts with the payment made in compliance with article 9,after acceptance of the power of attorney by LOVELY SURPRISE ™ *, acceptance which is materialized by a letter of confirmation sent either by postal mail, e-mail, or fax, to the principal.
It is completed with the delivery of the surprise-gift .
The power of attorney is irrevocable once accepted.
Once the power of attorney accepted, LOVELY SURPRISE ™ * does not contract any obligation relativing to certain deadline. On the other hand, if the power of attorney is not carried out within thirty (30) days from the day of the acceptance, the principal will be able to declare it cancelled by registered letter with acknowledgment of delivery.
Except particular conventions, the delivery of the surprise-gift is done according to the proper contingencies of LOVELY SURPRISE ™ * which does not undertake to deliver on precise date or time.
7 Exécution of the power of attorney
A. Determination of the surprise-gift
By the effect of the power of attorney ,the principal entrusts to LOVELY SURPRISE ™ * to choose the surprise-gift .
In order to determine the most accurate and precise surprise-gift possible, the principal informs and fills in, with a maximum of details, a questionnaire relating to the beneficiary of the surprise-gift .
The principal admits expressly, as this is the decisive point of the contractual relation, that he does not know and he will not know before its delivery, the nature of the surprise-gift .
He agrees, without restriction, to entrust the exclusive choice to LOVELY SURPRISE ™ *, trust between the principal and LOVELY SURPRISE ™ * being one of the principal characteristics of the contract of power of attorney.
a.The choice
It is made out by the services of LOVELY SURPRISE ™ * according to the answers provided by the principal according to the questionnaire.
LOVELY SURPRISE ™ * has absolute liberty to choose the surprise-gift which may consist either in a new object, or in an antique object, or an object of everyday use, or artwork. The surprise-gift may also be composed of several objects.
All living beings, with the exception of plants, and/or perishable products are excluded.
b.Origin
The origin of the surprise-gift is left to the entire discretion of LOVELY SURPRISE ™ *.
c. Accessories
The surprise-gift is delivered with the accessories which normally accompany it when acquired in its usual retail store.
For instance, a functional object is accompanied with corresponding instructions in the language of the country of the beneficiary, as well as the certificate indicating provisions regarding applicable legal guarantee and (if any) contractual guarantee.
LOVELY SURPRISE ™ * shall not be responsible for information or specifications given by the third party who supplies the articles.
LOVELY SURPRISE ™ * reserves the right to organize the manufacture of the surprise-gift, which it estimates to be in adequacy with the indications given by the principal.
B . SubContracting
LOVELY SURPRISE ™ * has freedom to entrust whole or a part of the execution of the power of attorney to third party companies, in particular for delivery and transport services.
Any limitations of rliability that the carrier may invoke, under national or regulations or under international conventions, will be implemented in the relation between LOVELY SURPRISE ™ * and its principals.
On the other hand, contractual limitations of liability clauses,contain in specific agreements between LOVELY SURPRISE ™ * and carriers will not be opposable to the principals.
C. Report of the execution of the power of attorney
-1. First stage: delivery report:
Within two working days of the delivery, LOVELY SURPRISE ™ * will contact by any means, mainly by e-mail, the principal to inform and confirm the delivery of the surprise-gift to the person and/or the address indicated by the principal.
Information will include the delivery date, the approximate hour of possible delivery and if possible, without constituting an obligation, the methods of delivery.
-2.Second stage: information on the nature of the surprise-gift
In order to maintain the surprise effect the nature of the surprise-gift will be disclosed to the principal only 15 days after delivery.
The information provided to the principal will consist of a briefdescription of the surprise-gift in its various components.
D. Power of attorney termination
The delivery of the surprise-gift to the beneficiary designated by the principal, operates the full and whole transfer of the ownership of the surprise-gift and all of its accessories to the benefit of the beneficiary.
Correlatively it discharges LOVELY SURPRISE ™ * from any obligation in respect of the surprise-gift and from its accessories ;the risks by the effect of the delivery being immediately transferred to the beneficiary.
Starting from delivery, neither LOVELY SURPRISE ™ *, nor the constituent will be able to claim the ownership of the surprise-gift .
Delivery terminates the power of attorney and discharges LOVELY SURPRISE ™ * of any obligation except the production of the report referred to above under article 7.
9. Price and payment
The Website has a page indicating the grid of the prices. The principal determines in his power of attorney the amount he wants to spend for the surprise-gift.
As indicated under article 6, the power of attorney becomes definitive after the payment. The payment is valid only after validation by LOVELY SURPRISE ™ * of the acceptance of the power of attorney.
The amount indicated is inclusive of taxes. It includes: the price purchase of the surprise-gift ,conditioning, packaging and all the additional services,the delivery of the surprise-gift in the European Union, Switzerland, Norway, the report of execution,the remuneration of LOVELY SURPRISE ™ *.
For any other country, the delivery will be subject to a prior estimate .
The payments can be complete either by credit transfer on the account of LOVELY SURPRISE ™ *(coordinates and number are indicated in the confirmation of the acceptance of the mandate) or by credit card as indicated on the text « payment » on the website (by way of secure payment).
10 . Intellectual property
All brand names, designs, texts, graphics, website arrangement, ideas and concepts are the copyright of LOVELY SURPRISE ™ * protected by legislative and regullatory royalty patent and trade-mark laws.
They are the exclusive property of LOVELY SURPRISE ™* which either created or acquired by their designers or distributors the rights of exploitation enabling LOVELY SURPRISE ™ * to make use of it on its website.
Any use (in any shape of form) of one of the elements of the website is strictly prohibited.
The mark and the domain name LOVELY SURPRISE ™ * are protected.
11 . Data -processing and freedom
Personal information:
A. Information about the principal
Information relating to the principal are compulsory for power of attorney.
This information is strictly confidential.
In accordance with the law 78-17 dated 6 january 1978 relating to computers, the files and liberties as amended, the personal data processing collected by LOVELY SURPRISE ™* has been declared to CNIL under the number1334576.
THE PRINCIPAL IS INFORMED THAT HE CAN HAVE TO THE DATA RELATING TO THE PRINCIPAL AND MAY MODIFY, CORRECT AND DELETE IT.
To do this, the principal must sent by simple postal mail to the register office of LOVELY SURPRISE ™ * indicating his last name, first name, address and his number of power of attorney.
LOVELY SURPRISE ™ * is forbidden to communicate this personal data to any person for any reason, with the exception of information that the law obliges it to provide to public authorities.
B. Information relating to the beneficiary
Concerning the information provided by the principal on the beneficiary of the surprise-gift the data are processed so that there is no correlation between the name and the address of delivery and the other information provided, including the nature of the surprise-gift .
The access and rectification rights allowed to the beneficiary of the surprise-gift is limited to the beneficiary’s last name, first name and address of delivery, e-mail, fax and phone number.
12. Liabilities
- Obligations of LOVELY SURPRISE™*
Generally, LOVELY SURPRISE ™ * supports within the framework of the exercise of its power of attorney only a best endeavour obligations , in particular it is undertake to use all the means at its disposal to carry out as accurately the power of attorney as possible.
LOVELY SURPRISE ™* is liable only for damages caused by its own act.
- Internet damage
The correct operation of the website LOVELY SURPRISE ™ * depends of the quality of the internet connection between the principal and LOVELY SURPRISE ™ *.
The malfunction of the system,either due to internet connection, or due to access providers ,or due to the it tools and equipment of the principal, cannot engage the liability of LOVELY SURPRISE ™ *.
LOVELY SURPRISE ™ * cannot be held liable in any event for the total or partial non-execution of its obligation, if this non execution is due to a force majeure or an act of god or fortuitous occurrence within the meaning of the French law and Community.
LOVELY SURPRISE ™ * does not take any responsibility in connection wtith hypertext links which may return to other websites of which it does not have control.
LOVELY SURPRISE ™ * specifies that LOVELY SURPRISE ™* has not provided any physical or moral third party with the right to return in any manner, or forward its website, to any other site.
13. Limited recourse
LOVELY SURPRISE ™ * intends to assume responsibility only as one might expect its personal fault duly proved.
LOVELY SURPRISE ™ * subrogates the beneficiary expressly, subsidiarly the principal in all the recourse with respect to the salesman and/or of the manufacturer of object .
It will be up to the recipient to directly exercise the recourse which he intends to exercise.
In the same manner, it will belong to the beneficiary to negotiate with the manufactures, providers, salesmen, all legal guarantees and /or conventions relating to the objects received.
The liability of LOVELY SURPRISE ™ * in this respect is limited to providing the beneficiaries with all useful information regarding the potential liable legalperson.
14. Applicable law
These terms concluded between LOVELY SURPRISE ™ * and its principal shall be governed by and construed in accordance with French law and imperative Community texts as per the directive 97/7 CE.
The above choice of law is exclusive and will apply to the contractual relationship irrespective of the nationality of the principal, whatever the country where the principal regularized the power of attorney, whatever the nationality of the beneficiary of the surprise-gift and whatever the country in which it must be delivered.
15. Competent juridiction
Any dispute arising out between the principal and LOVELY SURPRISE ™ * inclusing disputes relating to the performance or the interpretation of the agreement shall be submitted to the French jurisdictions of the registered office of LOVELY SURPRISE ™ *.
LOVELY SURPRISE ™ * denies any other French or foreign jurisdiction all competence in this respect.
In all events, and with express convention, the parties agree that the power of attorney occurred in France with the registered office of LOVELY SURPRISE ™ *.
16. Terms and validity of the general conditions
The present general conditions were put on line on 01/01/2009.
They govern the contractual relationship between LOVELY SURPRISE ™ * and its principals for all the powers of attorney concluded under the conditions referred to above as from its publication on line.
LOVELY SURPRISE ™ * may amend these conditions without notice.
The modifications will apply to the future powers of attorney concluded as from the publication on line of the new conditions.
In no case, a power of attorney will not be able to prevail of provisions inserted under general conditions, either published on line after the conclusion of its power of attorney, or which would have been drawn before the conclusion of its power of attorney.
17. Homogeneity of the contractual provisions
The particular conditions of the power of attorney and the present general conditions constitute a whole which is binding up on between LOVELY SURPRISE ™ * and its principal.
* LOVELY SURPRISE is a commercial trademark of Viviane REZICINER, used as licensed product
