General terms and conditions of sale
Last update: December 6, 2022
The present General Terms and Conditions of Sale and Use (hereinafter the « General Terms and Conditions » or « GTCs ») are intended to define the conditions under which the User may browse the website and have access to the L'Opéra chez soi Services, published and provided by the Opéra national de Paris. Thus, access to the Services is restricted to Users who have read these General Terms and Conditions in their entirety prior to using the Services, and who have accepted them without reserve. The General Terms and Conditions may change due to changes in the Services or changes in the regulations in application. It is therefore advisable that the User should read these General Terms and Conditions regularly and with each new order.
ARTICLE 1 : LEGAL INFORMATION
Opéra national de Paris Publisher's address and registered office: 120, rue de Lyon, 75012 Paris - France RCS Paris B 784396079 Telephone number: 01 40 01 17 89 Managing Director: Alexander Neef
SAS Claranet 18-20 rue du Faubourg du Temple, 75011 Paris - France Telephone number: 01 70 13 70 00 firstname.lastname@example.org
Opéra national de Paris Direction de la Communication 120, rue de Lyon, 75012 Paris - France email@example.com
Conception, design: Opéra national de Paris, Mazarine digital
ARTICLE 2 : DEFINITIONS
In these General Terms and Conditions, the terms referred to below shall be understood as follows: « User » refers to any individual browsing the Website who has access to the Programmes or has subscribed to the Services « Site » refers to the website published by the Paris Opera, accessible at the following URL address: https://chezsoi.operadeparis.fr/ « Services » refers to the commercial offers made available to the User on the Website. « Programmes » refers to all the audiovisual content made available to the User on the Website. « Video on Demand » (hereinafter referred to as « VOD »): refers to the pay-per-view Programmes offered to Users of the Service. « Streaming »: refers to the streaming of an audiovisual Programme without downloading. « Territory » refers individually and/or collectively to the territories in which the Services are available: all countries except the People's Republic of China. « Paris Opera » : refers to the Opéra national de Paris
ARTICLE 3 : PRESENTATION OF THE SERVICES
3.1. PAY-PER-VIEW VIDEO ON DEMAND The Pay Per View VOD Service covers all the Programmes available on the Website. The latter are available for rental : - in Streaming - for 30 days from the date of completion of the order 3.2. VIEWING THE PROGRAMMES The User who has ordered a Programme may view the Programmes in question by streaming up to 2 (two) simultaneous streams during the 30-day rental period of the Programme (see Article 4.3 hereof for the detailed description of the technical conditions for accessing the Services). In order to view a Programme, the User must be registered and logged in to his/her user account (see Article 4.1 of the present GTCs).
ARTICLE 4 : CONDITIONS OF ACCESS TO SERVICES
4.1. REGISTRATION To access the Services, the User must register by creating a user account on the Site. When registering, the User undertakes not to infringe the rights of third parties. The User's login and password are personal and confidential. The User undertakes not to disclose them and to keep them confidential. The User undertakes to report any suspicious use of his/her account by sending an e-mail to the following address: firstname.lastname@example.org. The creation of a User account is not a prerequisite for accessing the trailers of the Programmes or for browsing the Site. Access to the Services is reserved for Users aged at least 16 years. Any User under 16 years of age acknowledges that he/she has obtained parental permission to use the Services. 4.2. PLACING AN ORDER Once registered, the User can place an order to rent a Programme on a per-use basis. The User chooses his Programme and pays the currently applicable rate (see Article 5.1). Once the order has been finalised and the payment accepted, the User will receive an email summarising his order and will find his Programme in his account, under the heading « My Rentals ». 4.3. TECHNICAL CONDITIONS FOR ACCESSING THE SERVICES To access the Service, the User is required to use the website: https://chezsoi.operadeparis.fr/ Access to the Services requires a suitable Internet connection. The User can then access the Services and view the Programmes on a computer, mobile and tablet according to the following minimum requirements:
⦁ Device operating system
∘ Computer :
⦁ Windows 10 et 11
⦁ MacOS 10 (or later)
∘ Mobile / Tablet:
⦁ iOS 14 (or later)
⦁ Android 11 (or later)
∘ Chrome 106 (or later)
∘ Firefox 105 (or later)
∘ Microsoft Edge Chromium 106 (or later)
∘ Safari 14 (or later)
Access to the Services is provided on a permanent basis, subject to maintenance and servicing periods, server updates and any exceptional interruptions which the Paris Opera undertakes to notify in advance to the best of its ability. 4.4. TERRITORY Access to the Services is reserved for Users residing in the Territory as defined in Article 2 hereof, i.e. all countries except the People's Republic of China. The Programmes available on the Website are subject to the rights acquired by the Paris Opera from the rights holders. It is therefore possible that one or more Programmes may no longer be available after a certain period and/or may not be available throughout the Territory. In order to respect its agreements with the rights holders of the Programmes offered, the Paris Opera reserves the right to carry out geographical filtering enabling it to block the viewing of a Programme. The territory from which the User launches the viewing of the Programme will be tested automatically. If the territory from which the User tries to play the Programme is not one of the territories authorised for this Programme, the User will be informed and the Programme cannot be broadcast.
ARTICLE 5 : PRICES AND PAYMENT CONDITIONS
5.1. CURRENT PRICE The price of a Programme for hire is determined individually for each Programme. The price applicable is therefore the one indicated at the time of order confirmation. All prices are displayed inclusive of all taxes (TTC) in Euros. 5.2. TERMS OF PAYMENT The payment methods offered on the Site depend on the User's country. The Site offers the following payment methods: • Valid bank card • Electronic Wallets (Apple Pay, Google Pay) No banking data is stored by the Paris Opera or on the Website. In order to protect, as effectively as possible, all bank data related to credit card payments, all orders placed on the Website are secured and encrypted by the Stripe system.
ARTICLE 6 : RETRACTION AND ACCOUNT CLOSURE
6.1. RIGHT OF WITHDRAWAL In accordance with Article L. 221-28 1° of the French Consumer Code, the User may not exercise a withdrawal right in the context of the supply of digital content not provided on a physical medium, the execution of which has begun after the User's prior express agreement and express waiver of his/her right to withdrawal. The User's acceptance of these GTCs constitutes a waiver of his/her right of withdrawal, and the User may not avail himself/herself of Article L. 221-28 1° of the French Consumer Code. 6.2. CLOSURE OF THE USER ACCOUNT The User may close his/her account at any time in « My Account », in the « My personal information » section. The Paris Opera reserves the right to close a User's account in the event of - failure to comply with these General Terms and Conditions of Sale, - non-payment by the User of sums due, - in the case of suspected fraud. The deactivation of the account will take place 48 working hours after the Opéra national de Paris has sent the User an email informing him/her of this deactivation.
ARTICLE 7 : INTELLECTUAL PROPERTY
The Paris Opera holds all intellectual property rights relating to the Services, the Website and its content, texts, images, logos, brands, etc. The autorisation to use the Services, granted to the User in return for payment, does not confer any intangible property rights, which remain reserved to the Paris Opera and its beneficiaries. In particular, the User is not authorised to, in whole or in part, copy, reproduce, translate, extract, modify and/or create any elements derived from any component of the Services or the Programmes. The Programmes viewed by the User are secure digital files. The use of the Programmes is strictly limited to private use within the family circle. Private use within a strictly family context excludes in particular any collective and/or public presentation and/or distribution for professional, commercial and/or promotional purposes. The editing, lending, exchange, reproduction, duplication, transmission and distribution of the Programmes, in whole or in part, are also strictly prohibited. Any offender is liable to criminal and/or civil penalties.
ARTICLE 8 : LIABILITY
The Paris Opera shall not be held responsible for any malfunction and/or interruption in the provision of the Services resulting from a case of force majeure, a failure on the part of Internet access providers, improvements to the Services (in the case of minor malfunctions), or any use of the Services that does not comply with these General Terms and Conditions. The Paris Opera shall not be held responsible for any damage suffered by the User due to technical incompatibility (see Article 4.3 above) and/or any deterioration of his/her equipment. Hypertext links on the Website may lead to other websites. The Paris Opera shall not be held responsible if the content of said sites contravenes the legal and/or regulatory provisions in force. The Paris Opera shall not be held liable in the event of non-compliance with the legislation of the country where the Programmes are broadcast.
ARTICLE 9 : TECHNICAL SUPPORT
For any request concerning the use of the Services, the User may contact the Paris Opera's technical support from the « Contact Us » section at the bottom of the Website's homepage.
ARTICLE 10 : APPLICABLE LAW
The present General Terms and Conditions are subject to French law. Any claim resulting from the formulation, interpretation or execution of the present Terms and Conditions shall fall under the exclusive jurisdiction of the French courts.