Terms and conditions of sale

The seller

These terms are those of the Lutopie Business Club (hereinafter “the Circle” or “the Provider”), whose registered office is at 60 rue François 1er, 75008 Paris, France. Contact: contact@lbc-cercle.com.

Purpose

The Circle offers its members access to a private network, an address book, internal resources, events and professional introductions. These terms govern the sale of the membership and its performance. They apply to the exclusion of all others, and prevail over the internal rules in the event of any divergence between the two documents.

The services are intended for adults engaged in a professional or entrepreneurial activity.

The tiers, and what each one opens

Membership comes in three tiers. They do not open the same doors, and this is contractual: what is not listed in a tier is not included in it.

Silver opens the Salon, the address book, excluding the Concierge’s addresses, the Club workspace, the path of emblems, and access to certain physical events of the Circle with a contribution to costs.
Silver does not include the Oracle, the Concierge service, the Atelier or the Capital door.

Gold includes all of Silver, and adds the whole address book, the Concierge’s addresses included, the Oracle, the Concierge service, the Atelier, priority introductions, the Capital door and broader access to events, some of which require a contribution.
Gold does not include personalised services within a guaranteed time, nor restricted invitations.

VIP includes all of Gold, and adds personalised analysis, priority concierge service, direct access to the three Capital strands and restricted invitations. This tier is entered by invitation, after an interview, and is the subject of a separate written agreement referring to these terms.

Prices, orders and payment

Prices are expressed in euros, inclusive of all taxes, and are in every case communicated to the Client before any order, then repeated on the pro forma invoice sent to the Client.
The Silver tier is taken out directly: its price appears in the member area, and the pro forma invoice is sent to the Client on request. The Gold and VIP tiers require a prior interview, during which the price and the scope are set out to the Client, the pro forma invoice being sent afterwards. In both cases the Client reviews these terms and the internal rules before committing.

Payment is made in a single instalment, by bank transfer, to the Circle’s account whose details appear on the pro forma invoice, quoting its reference. These details are sent from contact@lbc-cercle.com; any change announced through another channel is to be checked with the Circle before payment. The order is firm upon receipt of the funds in the Circle’s account. The Client receives written confirmation, and the access of the tier is opened within the following twenty-four hours.

A payment receipt and an invoice are sent to the Client for each membership. Any additional service requested is subject to prior agreement and separate invoicing.

Right of withdrawal

A Client contracting as a consumer has fourteen days from the conclusion of the contract to withdraw, without giving reasons and without penalty, in accordance with article L221-18 of the French Consumer Code.

To exercise this right, simply write to contact@lbc-cercle.com before the deadline expires. Reimbursement is made within fourteen days of receipt of the request, by the same means of payment.

As access to the services is opened within twenty-four hours of receipt of payment, at the Client’s express request, the Client remains liable, in the event of withdrawal, for the amount corresponding to the services actually provided up to the communication of that decision, calculated pro rata to the time elapsed over the twelve months of membership, in accordance with article L221-25.

Term and renewal

Membership is concluded for a term of twelve months from receipt of payment. It does not renew automatically. The Client therefore has nothing to do for it to end, and no notice to give: at the end of the term, it stops.

A renewal is offered before the term ends. It takes effect only if the Client expressly accepts it and makes a new payment.

After the withdrawal period, a membership taken out for twelve months is not refundable during the year, the consideration being access opened for the whole period.

What the Circle undertakes to do

The Circle is bound by an obligation of means, not of result. It undertakes to make the services available diligently and to do what lies within its power for introductions to succeed.

No commercial, financial or personal result is promised or guaranteed. Meetings, opportunities and what a member makes of them depend on circumstances beyond the Circle’s control.

What the member undertakes to do

The Client undertakes to provide accurate information, to behave properly towards members, partners and staff, and not to harm the reputation of the Circle or its members.

Access is strictly personal and non-transferable. Sharing, lending or reselling an access results in immediate exclusion, without refund.

The Atelier: documents deposited by the member

Members whose tier opens the Atelier may deposit professional documents there. The Circle keeps them solely for the purposes of the joint project, gives access only to the member concerned and to those of the house who need it, and discloses them to no third party.

Documents are kept for the duration of the membership. At its end, the Client may request their return or deletion by writing to the Circle; failing any request, they are deleted no later than three months after the end of the membership. The Client warrants that they hold the rights to what they deposit.

Confidentiality

What is said in the Circle is not repeated outside it. The Client undertakes to keep confidential the contact details and information of other members, private exchanges, opportunities shared internally and any sensitive information concerning the Circle’s partners.

This obligation applies during the membership and for two years after its end.

Intellectual property

The Circle’s content, methods, resources and address bases remain its exclusive property. Membership confers a personal right of use, for the term of the contract, and nothing more.

The Oracle’s output , meaning briefings, analyses, signals and recommendations, are protected works. The Client undertakes not to reproduce or distribute them outside the Circle, not to pass them to a non-member whether free of charge or for consideration, and not to use them to build a competing service.

Every item delivered in the member area carries a mark identifying the reader. In the event of unauthorised distribution, the Circle is able to identify the member who communicated it, and may bring appropriate proceedings, without prejudice to the exclusion provided for in section 13.

Non-solicitation

During the membership and for twelve months after its end, the Client undertakes not to approach the Circle’s members, partners or staff for commercial purposes relying on contact details or introductions obtained through the Circle. This clause in no way restricts the Client’s freedom to carry on their business, nor to belong to other circles.

Breach and exclusion

In the event of a breach of these terms or of the internal rules, the Circle may issue, depending on the seriousness: a formal warning, a temporary suspension of access, or permanent exclusion. The measure is notified in writing, with reasons, and the Client is given the opportunity to make representations before it becomes final, except in the case of a serious breach making continuation impossible.

Exclusion entails the immediate loss of all access and gives rise to no refund. The account is deleted, the Atelier share revoked and removal from private groups carried out as soon as possible.

Image rights

The Circle uses a member’s image, voice or testimonial for communication purposes only with their prior written consent, given for a specified use. That consent is freely given, is not a condition of membership, and may be withdrawn at any time on written request, the Circle then ceasing the use going forward.

Personal data

The processing carried out, the processors the Circle relies on, retention periods and how to exercise your rights are set out in the privacy policy, which forms an integral part of these terms.

Liability and force majeure

The Circle’s liability can be engaged only in the event of proven fault, and is limited to the amount paid by the Client, save that this limit does not apply in the event of personal injury or of gross negligence or wilful misconduct.

In the event of force majeure, performance of obligations is suspended. If the situation continues beyond sixty days, either party may terminate the contract, the unperformed portion of the membership then being refunded.

Complaints and mediation

Any complaint should first be addressed to the Circle at contact@lbc-cercle.com. The Circle undertakes to reply within thirty days.

A consumer Client may, at any time and free of charge, refer the matter to a consumer ombudsman, in accordance with articles L612-1 et seq. of the French Consumer Code. Referral to the ombudsman is not subject to any mandatory prior step.

The Client may also use the European online dispute resolution platform, at ec.europa.eu/consumers/odr.

Governing law and jurisdiction

These terms are governed by French law.

A consumer Client may bring proceedings, at their choice, before the court of the place where they were domiciled when the contract was concluded, that of the place where the damage occurred, or that of the Circle’s registered office. Where the Client contracts for the purposes of their professional activity, the courts of the Circle’s registered office have sole jurisdiction.

Acceptance

By validating the order, the Client declares that they have read and accept these terms and the internal rules. Both documents are presented in the member area before payment, and remain accessible throughout the membership.

If any provision of these terms is held void, the others remain in force. Any amendment is notified to members and applies only to memberships taken out thereafter.