DEVIALETOnline Ticket Sales - General Terms and Conditions

1.1 These General Terms and Conditions of Sale and Use (hereinafter the "GTCS/GTU") govern the contractual relationship between:

• • on the one hand, Devialet, a simplified joint-stock company, registered with the Paris Trade and Companies Register under number 502 155 682, with its registered office at 10, Place Vendôme, Paris, represented by Jacques DEMONT in his capacity as President (hereinafter "Devialet" or the "Seller"); and
•  
•  
  • on the other hand, any natural person, acting as a consumer for private and non-professional purposes, purchasing individual tickets via the Seller's website (hereinafter the "Client"). The Client declares that they have full legal capacity enabling them to enter into commitments under these terms and conditions.

1.2. These GTCS/GTU aim to define the rights and obligations of the parties in the context of the online sale of access tickets (hereinafter the “Tickets”) for the audio-guided tour following a predetermined route within the Opéra Garnier in Paris (hereinafter the “Tour” at the “Venue”), conducted using the complete audio guide device provided by the Seller (hereinafter the “Equipment”). 

The Equipment consists of an inseparable set comprising:

• • A pair of headphones from the Devialet Gemini II range;
  • A mobile device (smartphone/phone) used as the playback support;
  • Any associated accessories (cases, protective covers, pouches).
    
    

1.3. The purchase of a Ticket implies the Client’s full and unconditional acceptance of these GTCS/GTU. The Client expressly acknowledges that they:

• • Have read and understood these GTCS/GTU prior to placing their order;
  • Have accepted them by ticking the mandatory box provided for this purpose: “I acknowledge that I have read and accepted the General Terms and Conditions of Sale and Use” when confirming their order on www.devialet.com.

These GTCS/GTU constitute the entire agreement between the Seller and the Client. Without such acceptance, the order cannot be finalised. 

1.4. The Seller reserves the right to modify or adapt these GTCS/GTU at any time, in particular to comply with legislative, regulatory, or technical developments. However, the terms applicable to the Client’s order are those in force on the date and time of the order confirmation on the website. Subsequent changes shall not apply to orders already placed and confirmed.

1.5. The Tour takes place at a third-party venue, the Venue, which is subject to its own access, safety, circulation, and conduct rules. The Client undertakes to comply with all instructions and regulations applicable at the Venue, as made known on site and/or available on the official website of the Venue. In the event of any conflict between these GTCS/GTU and the rules of the Venue, the latter shall prevail with respect to safety, public order, and the protection of persons and property.

2.1. Selection of Time Slot and Availability. Orders are placed exclusively online via the Seller’s website. Prior to ordering, the Client must select the desired date and time of the Tour (hereinafter the “Time Slot”) from the sessions offered. The Client is informed in real time of the availability of places for each Time Slot. Only Time Slots displayed as available may be ordered.

2.2. Limitations and Quotas.  Sales are limited to a strict quota of two (2) Tickets maximum per order and per person. With a maximum capacity of 30 places per session, the Seller reserves the right to unilaterally cancel any order exceeding these quotas or any order identified as originating from a professional or reseller.

2.3. Personal Information. Once the Time Slot has been selected, the Client must provide the full names of each participant for the issuance of Tickets, which are strictly personal and named.

2.4. Confirmation and Ticket Delivery. The order becomes final upon receipt of payment. The Client will then receive a confirmation email at the address provided, containing the Ticket(s) in PDF format or embedded in the message. It is the Client’s responsibility to retain this email and to present the Ticket (on a smartphone or printed on A4 paper) upon arrival.

3.1. Prices. All prices are indicated in euros (€), inclusive of all taxes (VAT included). The applicable price is that displayed on the website at the time of the order. The Seller reserves the right to modify prices at any time. No claim may be made for any change in price (increase or decrease) after the order has been placed.

3.2. Payment. Payment is due immediately at the time of ordering. Payment is made by credit card via a secure online protocol. Acceptable cards include Carte Bleue, Visa, and Mastercard. Transactions are protected by an encryption protocol (such as SSL/TLS) ensuring the confidentiality of exchanged data. The Seller does not retain any banking information, as transactions are processed directly by a certified payment service provider in compliance with banking security standards (PCI-DSS). Where applicable, transactions may be subject to strong authentication (3D Secure), requiring confirmation by the Client via their banking app or by SMS.

3.3. The Client’s bank account will be debited upon final confirmation of the order. Once payment has been made, no modification or cancellation of the order is possible. 

4.1. Timed and Personal Ticket. The Ticket sent by email is valid only for the specific date and time slot indicated thereon. It is strictly personal and non-transferable. It may not be resold or assigned to any third party.

4.2. Minimum Age. The Tour is accessible to children from the age of 8. Minors must be accompanied by a responsible adult, who is accountable for the minor’s use of the Equipment. Each participant, including the accompanying adult, must hold a valid Ticket for the Tour.

4.3. Accessibility. Due to the architectural constraints of the Venue and the nature of the service provided, the Tour is not accessible to persons with reduced mobility. As the Tour relies exclusively on an individual audio experience, it is not suitable for persons with hearing impairments.

5.1. Access Procedure (Check-in Procedure). Access to the Venue is granted upon presentation of the Ticket to the reception and security staff. Attendance is recorded against the list of participants generated by the Seller for each session.

5.2. Mandatory Identity Verification.  As the Ticket is personal, Devialet reserves the right to verify the identity of the participant to ensure that the Ticket presented matches the participant’s identity, in particular to prevent fraud and ensure the security of the service.

5.3. Fraud Prevention and Ticket Uniqueness. It is strictly prohibited to reproduce, duplicate, or counterfeit the Ticket in any way. The Ticket is unique and personal.

In the event that multiple copies of the same Ticket (even with the same order reference) are presented, only the first person presenting themselves at the access control and providing valid proof of identity (matching first and last name) will be admitted to the Tour.

Any other person presenting the same Ticket subsequently will be systematically denied access. The Client remains solely responsible for the safekeeping of their Ticket. The Seller accepts no liability in the event of loss, theft, or use of copies without the Client’s knowledge; no refund or replacement will be issued in such circumstances.

Any person who illegally reproduces a Ticket and/or uses a counterfeit Ticket may face criminal prosecution.

6.1. Strict Timings and “No Show”. Tour sessions start at the exact time indicated on the Ticket.

• • A grace period for entry is granted until 9:30 (am).
  • Beyond this cut-off time, access to the Venue is permanently closed so as not to disrupt the Tour.

Any participant arriving after the cut-off time will be refused entry. Such refusal does not entitle the Client to any refund, rescheduling, or credit. The Ticket will then be considered used.

6.2. House Rules and Conduct. The Client undertakes to comply with all safety instructions and the Venue’s house rules (available at the entrance). In particular, the Client agrees to submit to security checks (including bag inspections) conducted by Venue staff and not to bring any bulky or dangerous items.

The Seller’s or the Venue’s staff reserve the right to deny access or remove any visitor whose behaviour is contrary to public order or likely to disrupt the Tour, without the Client being entitled to any compensation or refund.

7.1. Inspection and Transfer of Custody. The Equipment is handed to the Client in good working order and clean condition. It is the Client’s responsibility to check the condition of the Equipment upon receipt. If any defect (scratches, cracks, malfunction) is not reported immediately to staff before the start of the Tour, the Equipment will be deemed to have been provided in perfect condition. Upon handover, the Client becomes the sole legal custodian of the Equipment (pursuant to Article 1242 of the French Civil Code) until its effective return.

7.2. Usage Obligations and Duty of Care. The Equipment is loaned for personal, reasonable use strictly limited to the audio-guided Tour. The Client undertakes to:

• • Never leave the Equipment unattended (even briefly);
  • Not entrust the Equipment to any unregistered third party;
  • With regard to the mobile device: not alter its settings, not download applications, and not attempt to bypass software restrictions (kiosk mode).

7.3. Civil Liability. As custodian of the Equipment, the Client is solely responsible for any damage the Equipment may cause to themselves or to third parties (e.g., dropping the phone causing injury, collisions due to inattention). The Seller accepts no liability in this regard.

7.4. Return of Equipment. The Equipment must be returned in person to authorised staff, who will check its condition. Leaving the Equipment without a proper handover and verification by staff does not constitute a valid return.

7.5. Non-Return of Equipment. Any Equipment not returned at the end of the Tour will be considered stolen. In the event of non-return or theft, Devialet reserves the right to file a complaint and charge the Client a compensation fee corresponding to the replacement value of the Equipment, namely:

• • €234 including VAT for the mobile device;
  • €399 including VAT for the headphones;
  • A total of €633 including VAT for the full set.

7.6. Damage and Breakage. The Client is financially responsible for any damage observed upon return. Any damage rendering the Equipment permanently unusable, irreparable, or unsuitable for normal use will be treated as non-return. In such cases, the Client will be liable for the full replacement cost as set out in Article 7.5.

For damage that does not permanently affect the Equipment’s use or can be repaired, fixed charges for repair may be applied to the Client depending on the nature of the damage, including:

• • Smartphone Damage (Screen/Case): In case of cracks, broken glass, or visible impact, a fixed charge of €89 including VAT will apply.
  • Headphones Damage: In case of crushing, cracking of a single earbud, or loss of one of the two earbuds (rendering the pair unusable), a fixed charge of €120 including VAT will apply.

The charges applied will not exceed the actual cost of repairing or replacing the damaged items.

8.1. Equipment Protection and Food. It is strictly forbidden to consume food or beverages while handling the Equipment. If the service includes a buffet, the Client must return the Equipment before consuming any food or drinks. With regard to food products, the Client is solely responsible for checking the presence of allergens as displayed on site.

8.2. Bodily Injury. The Client moves around the Venue at their own risk. The Seller accepts no liability for any falls, accidents, or bodily injury occurring during the Tour, except in cases of proven fault directly attributable to the Seller.

8.3. Personal Belongings. The Seller accepts no liability for loss, theft, or damage to visitors’ personal belongings, particularly when these have not been deposited in the cloakroom provided by the Seller, if applicable.

9.1. Exclusion of the Right of Withdrawal. In accordance with Article L.221-28 12° of the French Consumer Code, the 14-day right of withdrawal does not apply to contracts for leisure services that must be provided on a specific date or during a specific period. Consequently, Tickets are final, non-exchangeable, non-modifiable, and non-refundable.

9.2. Cancellation by the Seller. In the event of cancellation of the service at the sole initiative of the Seller, unexpected closure of access to the Venue, or in the case of force majeure (as defined in Article 11), the Client will be entitled to a full refund of the face value of their Ticket.

Refunds will be processed as follows:

1. Notification: The Client will be informed of the cancellation by email sent to the address provided at the time of order.

2. Refund Method: The refund will be initiated automatically by the Seller via the secure payment system used at the time of purchase (credit back to the credit card).

3. Timing: The refund will be initiated by the Seller within a maximum of 14 (fourteen) working days from the date of cancellation notification. The actual crediting time to the Client’s account will depend on the Client’s own bank.

4. Failed Automatic Credit: If the Client’s credit card has expired or been deactivated, the Client must provide bank account details (IBAN/BIC) by email to Customer Service to allow a refund by bank transfer. The Client has 3 (three) months from the date of cancellation to provide these details; after this period, the request will lapse.

Refunds are strictly limited to the price paid for the Ticket. The Seller shall not be held liable for reimbursing or compensating the Client for ancillary costs incurred in preparation for the Tour (such as train or flight tickets, accommodation, parking, catering, etc.). The Client expressly acknowledges and waives any claim for such indirect damages.

10.1. Personal Data (GDPR). Personal data collected is processed by Devialet for the purposes of order management, access control, security, and customer relationship management, based on the performance of the contract and applicable legal obligations. Data is retained only for the duration strictly necessary for the purposes pursued and in accordance with applicable legal retention periods. For more information on the processing carried out and on exercising their rights, the Client is invited to consult Devialet’s privacy policy available at: https://www.devialet.com/fr-fr/legal/privacy-policy/ .

10.2. Image Rights. Unless expressly notified to staff upon arrival, the Client authorises the Seller to capture visual media (photos/videos) during the event and to use their image for promotional purposes on its communication channels (website, social media) for a period of three (3) years.

The Seller shall not be held liable if the performance of its obligations is delayed or prevented due to a case of force majeure, within the meaning of Article 1218 of the French Civil Code. Force majeure includes, in particular, total or partial strikes (transport, Venue staff), severe weather, epidemics, major IT failures, terrorist threats, and administrative or unexpected closure of the Venue (decision by a third party).

In the event of force majeure preventing the Tour from taking place, the contract shall be terminated. The Client will be entitled to a refund of their Ticket in accordance with the procedure set out in Article 9.2. However, the Client shall not be entitled to any additional compensation or damages for non-performance of the contract.

These General Terms and Conditions of Sale, and any dispute that may arise between the Client and the Seller from the application of these terms, are governed by French law.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, the Client may use a free consumer mediation scheme for the amicable resolution of any dispute with Devialet. Devialet is affiliated with the CMAP – Centre de Médiation et d’Arbitrage de Paris, which can be contacted as follows:

• • Electronically, via the online form available at: https://xrm3.eudonet.com/Specif/EUDO_07073/Extranet/#/en/home ;
  • By post: CMAP – Consumer Mediation, 39 avenue Franklin D. Roosevelt, 75008 Paris, France.

Failing amicable resolution, any dispute relating to the interpretation, validity, performance, or termination of these GTCS/GTU shall be brought before the competent courts in accordance with ordinary law, without prejudice to the rights of the Client under the legal provisions of the Consumer Code.