General Terms and Conditions

                                                                               Last updated on 01/08/2021 

Article 1 - Legal Notice

This Website, accessible at the URL www.luxerecrutement.com (the “Website”,” Job Board”), is edited by: 

Luxe Recrutement SAS with a capital of 1000 euros, registered with the R.C.S. of Paris under the number 902 059 666, whose registered office is located at 6, Rue Bénouville 75116 Paris, represented by Anna Clabucova duly authorized, (hereinafter referred to as the “Service Provider”)

The individual VAT number of the Operator is: FR66902059666.

The Website is hosted by the company www.ovh.com, located at 2, rue Kellermann BP 80157 59053 ROUBAIX CEDEX 1 – France (phone number : 1007) 

The Director of the publication of the Website is Mrs Anna Clabucova.

The Service Provider’s Customer Service can be contacted:

  • at the following number + 33 7 60 08 76 43 at the following times: Monday to Friday from 9am to 6pm 
  • by email to contact@luxerecrutement.com

Article 2 - Scope of Application

The present Terms and Conditions of Sale and Use (hereinafter called the “Terms and Conditions”) are intended to define and govern the contractual relationship between the Service Provider and any professional (hereinafter called a “User”, “Customer”) who has created an account and wishes to use the services offered on the Website (hereinafter called a “Job Board”) 

The services offered to Clients on the Website are subject to the prior acceptance without restriction or reservation of these Terms and Conditions.

The General Conditions are made available to Clients on the Website where they can be consulted directly and can also be communicated to them on request by any means.

The General Conditions are applicable notwithstanding any stipulation to the contrary appearing in any documents issued by the Client, and in its general conditions of purchase.
       
The General Conditions are applicable subject to any stipulation to the contrary appearing in the order form or in any special conditions concluded between the Company and the Client concerned.

Article 3 - Description of Services

The Website aims to provide the following services online:

For Recruiters:

  • Create a personal account
  • Publish job offers online
  • Access the candidates’ CV library

For Candidates:

  • Create a personal account
  • Apply online to job offers

(Hereinafter referred to as the “Services”).

The Services presented on the Website are each the subject of a description mentioning their essential characteristics. This description may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Website.

Article 4 - Conditions of Registration

Any Customer wishing to take full advantage of the Website and the Services must:

  • Have full capacity and act for strictly professional purposes;
  • Create a personal space on the Website by filling in the various fields of the account creation form (name, company registration number, surname/first name of the referent, e-mail address, telephone number, etc.);
  • Confirm acceptance of the General Conditions;
  • Confirm the registration.

For Recruiters:

To create your account and benefit from our online services, your company must belong to the luxury field such as Hospitality, Retail, Catering, Event Management, Real Estate. If you are a recruitment agency, you can also use our job board to post your specialized job offers in the above-mentioned fields and/or access the CV library.

For Candidates:

  • Be at least 18 years old;
  • Reside in one of the EU countries and hold a work permit for the EU territory;
  • Have obvious basic professional and human qualities such as motivation, reliability, neatness, commitment, punctuality;
  • Have a passion for the field for which you wish to apply;
  • Have a background or similar experience of at least 1 year in the luxury sector;
  • Proficiency in French, English + a third language such as:
    – Dutch
    – German
    – Japanese
    – Italian
    – Literary Arabic
    – Mandarin (Chinese)
    – Russian
    – Portuguese
    – Spanish

All profiles are verified by our administrators before being validated within 48 hours at the latest if they correspond to the registration conditions.

Access to the Services is possible from a computer, smartphone, or tablet by connecting to the Website. The use of the Services requires a broadband internet connection and mobile internet where applicable.

Clients are personally responsible for setting up the computer and telecommunication means to access the Website.

The Customer is invited to choose a password when creating an account with a login or an e-mail address, which guarantees the confidentiality of the information contained in the account.

To validate the registration, the Provider sends a confirmation e-mail to the e-mail address provided by the Customer. The Customer then activates his account by clicking on the hyperlink provided in the confirmation email. 

Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his registration, agrees to notify him of any subsequent changes and guarantees that said information does not infringe the rights of third parties.

The Customer may modify this information, login and password from his account on the Website.

The Customer agrees not to disclose or transfer his account, login and password and is solely responsible for their use until they are deactivated. The Customer shall immediately inform the Provider of any loss or unauthorised use of the account.

The Provider reserves the right to delete the account of any Customer who has provided incorrect information.

Article 5 - Orders

Any Customer wishing to benefit from the online Services on the Website must:

  • Log in to their personal account;
  • Select the Services they wish to subscribe to;
  • Fill in the various fields on the Customer order form (surname, first name, address, e-mail address, date of birth, telephone number, etc.);
  • Confirm acceptance of the General Conditions;
  • Confirm acceptance of the order for the Services;
  • Choose your payment method;
  • Make the payment for the Services.

Unless expressly provided for on the Website, the Customer may not modify the order after it has been validated, which shall be considered firm and final.

Upon receipt of payment for the Services included in the order, the Service Provider will send the Customer an order confirmation e-mail to the e-mail address provided by the Customer.

The order confirmation email will include a summary of the essential characteristics of the Service(s) ordered, the total price, and any other relevant information. This email will also include a tracking number for the Customer’s order.

By placing an order on the Website, the Customer expressly agrees that the Service Provider may send an invoice electronically. However, the Customer may obtain a paper invoice by sending a request to Customer Services.

In order to combat fraud, the Service Provider or its payment or delivery service providers may request additional proof from the Customer or contact the Customer when accepting and/or shipping the order. In the event of unjustified refusal by the Customer to provide the requested information and/or proof, the Service Provider reserves the right not to accept or to cancel the order without any right to challenge the order.

The Service Provider also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who does not pay for the Services, with whom there is a dispute relating to the payment of a previous order or who has an abnormally high order level.

Article 6 - Price Conditions

The Services are provided at the Provider’s current price listed on the Website on the day of the order, expressed in euros excluding taxes.

The Services are invoiced, and the price is due in full and payable in cash on the day the order form is signed.

The price is fixed and may not be modified during the performance of the Services, the parties expressly waiving the provisions of Article 1195 of the Civil Code.

However, the Service Provider reserves the right to modify its prices at any time for any Services that are subscribed to after this modification.

Any price reductions, discounts and rebates may apply to the Services under the conditions set out on the Website or in any other document communicated to the Client. In the event of a promotional rate, the Service Provider undertakes to apply this rate to any order placed during the promotional period.

In the event of early payment by the Client, no discount will be applied. Under no circumstances may payments be suspended or offset without prior written agreement between the Service Provider and the Customer. Any suspension, deduction or set-off by the Client shall be treated as a default in payment and shall entail all the consequences of late payment.

Furthermore, it is expressly agreed that the Client is validly put on notice to pay by the mere fact that the obligation is due, in accordance with the provisions of Article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right, without any compensation being due to the Client, to:

  • To demand immediate payment of all sums due for the Services, which shall become immediately payable regardless of their initial due date;
  • To refuse any new order or to require for any new order a cash payment or a guarantee for the good execution of the commitments;
  • To charge any partial payment first to the non-preferential part of the debt and then to the sums that are due the earliest;
  • Reduce, suspend or cancel access to the Services, 10 days after the Service Provider has served formal notice to the Client without effect;
  • Apply, without prior notice, to all sums due, from the first day of delay until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code; and/or
  • To demand the payment of a fixed indemnity of 40 € for collection costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums remaining due, without prejudice to the compensation of any damage suffered.

Any change in rates resulting from an increase in value added tax or the creation of any new tax on the price of the Services will be immediately and automatically applied.

Article 7 - Payment Methods

The Customer expressly acknowledges that any order placed on the Website is an order with a payment obligation, which requires the payment of a price in exchange for the provision of the ordered Service.

The Website uses the Stripe online payment solution (www.stripe.com).

Orders can be paid for using one of the following payment methods:

  • Payment by credit card. The payment is made directly on the secure bank servers of the Provider’s bank, the Customer’s bank details do not pass through the Website. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment with these cards is made in cash, without discount.
  • Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Service Provider. The Customer can use this account and pay his order in full security without communicating his bank details.

Where applicable, the order validated by the Customer will only be considered as confirmed when the Service Provider has been able to ensure the validity of the payment.

Article 8 - Obligations of The Provider

The Service Provider undertakes to take all necessary steps to perform the Services and its obligations under these General Terms and Conditions and/or any other documentation that may be concluded with the Clients, in compliance with legal and regulatory provisions and the rights of third parties.

The Service Provider declares that it has the necessary skills, experience and means to provide the Services, and will assume full responsibility for both the performance of the Services and the organisation of the work of its staff, if any.

The Service Provider publishes the Services available on the Website and hosts the content of the Website uploaded by the Customers. The Service Provider acts as a technical service provider and does not control the legality, accuracy, quality, or sincerity of the content uploaded by the Customers under their responsibility.

Consequently, the Customers acknowledge the Provider’s status as host of the Website within the meaning of Article 6 of the French law n°2004-575 of 21 June 2004 for confidence in the digital economy.

However, the Service Provider undertakes to promptly remove any manifestly illegal content that is brought to its attention, in particular when the existence of such content has been notified to it by a Client in accordance with the applicable regulations.

In addition, the Service Provider shall endeavour to ensure that the Website is accessible and functioning properly twenty-four hours a day, seven days a week.

However, the Service Provider cannot exclude the possibility that access to, and operation of the Website may be interrupted in particular in the event of force majeure, malfunctioning of the Customer’s equipment or Internet network, failure of telecommunications operators, interruption of electricity supply, abnormal, illicit or fraudulent use of the Website by a Customer or a third party, decision of the competent authorities, or for any other reason.

The Service Provider also reserves the right to make any changes and improvements to the Website and the Services that it deems necessary for technical developments or proper operation.

General and temporary interruptions to the Website and Services will, as far as possible, be notified via the Website before they occur, except where such interruptions are of an emergency nature.

Article 9 - Obligations of The Customer

Each Customer undertakes to access and use the Website and the Services in a loyal manner and in accordance with the laws in force and these General Conditions.

The data and information communicated or put online by the Customers must be exact, sincere and loyal and will be communicated under their sole responsibility.

More generally, each Customer agrees to:

  • To ensure compliance, in all circumstances, with the legal, social, administrative and fiscal obligations applicable to its status as a professional;
  • Not to modify or alter the nature of the Services or the way in which they are provided during the performance of the Services, except with the prior written agreement of the Provider;
  • To pay the price of the Services in accordance with the conditions set out herein;
  • Not to disseminate any illegal content or content that would diminish, disrupt, slow down or interrupt the normal flow of data on the Website;
  • To report immediately to the Service Provider any difficulty, reservation or dispute arising during the performance of the Services or any abnormal, abusive, or fraudulent use of the Website of which he/she would be aware.

In case a Customer is suspected to be responsible for an infringement of the law or an infringement of the rights of third parties, the Service Provider reserves the right to provide, on request of any legitimate authority (court, administrative authority, police services), all information allowing or facilitating the identification of the offending Customer.

Article 10 - Complaints

In case of non-performance or defective performance of the Services, the Customer shall notify the Service Provider and express its grievances and reservations within thirty (30) calendar days from the date it becomes aware of such non-performance or defective performance, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days from the Customer’s initial notification.

Failing amicable settlement under the above conditions and in the event of sufficiently serious non-performance by the Service Provider, the Customer may terminate the General Terms and Conditions in accordance with the conditions set out in Article 17 and, where applicable, obtain damages from the Service Provider to compensate for the loss suffered, the Customer waiving in advance the right to seek compulsory performance of the Services by the Service Provider or a third party or a proportional reduction in the price, in express derogation of the provisions of Articles 1221, 1222 and 1223 of the French Civil Code.

Article 11 - Responsibility of The Provider

The Service Provider is bound by an obligation of means for the provision of the Services.

Each Customer declares to be informed of the constraints and limits of the Internet networks and may not under any circumstances seek the liability of the Provider for malfunctions in access to the Services, for the speed of opening and consultation of the pages of the Services, for the temporary or permanent inaccessibility of the Services or for the fraudulent use of the Website by Customers or third parties.

The responsibility of the Provider will not be engaged either:

  • In the event of failure to fulfil any obligation resulting from a fortuitous event or an event of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, production or transport failures not caused by the Customer’s own actions, disruptions in supplies, wars, riots, insurrections and more generally any circumstance or event preventing the Company from properly performing its obligations;
  • In the event that the information, data, instructions, guidelines, materials or media communicated by the Customer are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in whole or in part from the conduct, failure or default of the Customer;
  • In the event that certain services or functionalities are not accessible on the Site due to a deactivation by a Customer of cookies via the interface of the navigation software;
  • In the event that the functionalities of the Website prove to be incompatible with certain equipment and/or functionalities of a Customer’s computer hardware.

Each Customer is also responsible for the content and information imported, stored and/or published on the Website and undertakes not to use any technical measure that would allow the circumvention of the technical protection measures put in place by the Service Provider in order to avoid any fraudulent use of the Website and the Services.

Each Customer also takes, under its sole responsibility, all measures to ensure the integrity and backup of all its data, files and documents and waives its right to seek the liability of the Service Provider in case of damage to data, files, or any other document that it may have entrusted to the Service Provider in connection with the use of the Website and/or the Services.

More generally, each Customer undertakes to indemnify and hold harmless the Service Provider from any claim, demand, or opposition and more generally from any proceedings that may be brought against the Service Provider as a result of the Customer’s use of the Website or the Services.

In any event, the Service Provider shall not be liable for any indirect or consequential loss or damage such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of business, commercial loss or disturbance or loss of image, which may result from the defective provision or lack of provision of the Services.

The Service Provider’s liability shall not exceed an amount equal to the price, exclusive of tax, received from the Client for the provision of the Services during the previous twelve (12) months.

In accordance with the provisions of Article 2254 of the French Civil Code, any legal action by a Customer against the Service Provider shall be time-barred after the expiry of one (1) year from the date on which the Customer concerned became aware or is presumed to have become aware of the harmful event.

Article 12 - Registration Systems

The computerized registers, kept in the computer systems of the Service Provider and its partners under reasonable security conditions, shall be considered as proof of the communications and actions of the Customers and the Service Provider. The archiving of these elements is made on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.

Each Customer acknowledges the value of the Website’s automated registration systems as proof and declares that he/she will not contest them in the event of a litigation.

Article 13 - Privacy Policy

For more information on the use of personal data by the Service Provider, please carefully read the Privacy Policy (the “Policy”). You can consult this Charter on the Website at any time.

Article 14 - Hypertext Links

The hypertext links available on the Website may refer to third party or partner websites. They are provided solely for the Customer’s convenience, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Website and agree to use the third party websites at his/her own risk or, if applicable, in accordance with the conditions governing them.

In any case, the existence of a hypertext link to the Website from a third party website or on the Website to a third party or partner website does not engage the responsibility of the Service Provider in any way and in particular as to the availability, contents and products and/or services available on or from this third party or partner website.

The Customer is not allowed to create on a third party website one or more hyperlinks to the homepage of the Website or to its profile page, except with the prior written consent of the Provider.

Article 15 - Intellectual Property

The Service Provider is the sole owner of all content on the Website, including, without limitation, all texts, files, images (animated or not), photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Website and all other elements of intellectual property and other data or information that are protected by French and international laws and regulations relating to intellectual property.

Consequently, none of the contents of the Website may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Customer or a third party, whatever the means and/or media used, whether known or unknown to date, without the prior written permission of the Service Provider, and the Customer shall be solely responsible for any unauthorized use and/or exploitation.

Furthermore, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Website, as well as any use of software, robots, data mining systems and other data collection tools is strictly forbidden to Customers.

However, the Service Provider grants to the Customers, subject to their compliance with these General Terms and Conditions, a non-exclusive and non-transferable right to access, download and print the contents of the Website for personal and non-commercial use.

Article 16 - Term / Suspension / Termination

In the event of a one-off sale or in application of special conditions, these General Conditions are concluded for the duration of the provision of the Services, as mentioned, if applicable, in special conditions or in the order form.

In the event of a sale with successive execution, these General Conditions are concluded for an initial period of 12 months. In the absence of termination of these General Conditions within a period of 12 months preceding the end of this initial term, the provision of the Services and the General Conditions are tacitly renewed for a new period of a duration equivalent to the initial term, at the tariff conditions in force on the date of the renewal.

The Service Provider reserves the right to suspend a Customer’s access to the Website and the Services on a permanent or temporary basis in the event of a breach by the Customer of its obligations under these Terms and Conditions.

Furthermore, the Service Provider or the Customer may terminate the General Terms and Conditions in advance by giving written notice:

  • In the event of the occurrence of a case of force majeure as referred to in Article 11 above;
  • After notifying the other party in the event of a serious breach by the latter of its obligations or under the applicable laws and regulations, which has not been remedied within a period of fifteen (15) days (where such breach can be remedied) following written notification indicating the nature of the breach and the need to remedy it.

Article 17 - Confidentiality

During the term of this Agreement, each party may become aware of or receive confidential information, documents and/or data about the other party. Therefore, each party undertakes, both on its own behalf and on behalf of its employees for whom it acts as a guarantor, to keep strictly confidential all confidential information, documents and/or data of any kind relating to the results, activity or clientele of the other party or any information received or obtained from a party within the framework of the contractual relations established.

This confidentiality undertaking by the parties is valid both for the duration of this agreement and for a period of two (2) years following its expiration or termination.

Article 18 - Notifications

Any written notice or summons required or permitted to be given under the provisions hereof shall be validly given if sent by hand-delivered letter or by bearer against receipt, by registered mail with advice of delivery, or by electronic mail (except in the case of termination hereof), addressed to the address of the party concerned, each party electing domicile at its registered office.

Any change in the contact details of one party for the purposes of this Agreement shall be notified to the other party in the manner provided above.

Notices sent by hand or by bearer shall be presumed to have been made on the date of their delivery to the addressee, as evidenced by the receipt of delivery. Notices made by registered mail with advice of delivery shall be presumed to have been made on the date of their first presentation at the addressee’s address. Notices made by electronic mail shall be presumed to have been made on the date of sending the electronic mail.

Article 19 - Autonomy and Absence of Renunciation

If any of the provisions of these General Terms and Conditions were to be declared null and void or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten, and the other provisions would remain in force.

The fact that the Service Provider does not avail itself temporarily or permanently of one or more of the provisions of the General Terms and Conditions shall not constitute a waiver under any circumstances.

Article 20 - Amendment

The Service Provider reserves the right to change the content or location of the Site, the Services and these Terms and Conditions at any time and without notice.

Any use of the Website or the Services following a modification of the General Terms and Conditions will imply acceptance by each Customer of the said modifications. The most recent and current version of the Terms and Conditions will always be available at the following address: www.luxerecrutement.com

When the modifications made to the General Conditions are considered substantial, they will be brought to the attention of the Customers by e-mail and will have to be accepted by them the next time they connect to the Website. 

Article 21 - Disputes

Any disputes that may arise in connection with the contractual relationship between the Customer and the Service Provider shall be resolved as amicably as possible.

In the absence of an amicable settlement within a period of one month from the date of referral by one of the parties, all disputes to which the General Terms and Conditions may give rise, concerning both their validity, interpretation, execution, termination, their consequences, and their consequences, shall be submitted to the Paris court.

Article 22 - Law Governing Contract and Language

These General Conditions and the operations arising from them are governed by and subject to French law. They are written in French and English. In the event of translation into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.