TERMS AND CONDITIONS
PROVISION OF SERVICES AND HIRE OF EQUIPMENT
ARTICLE 1: NATURE OF SERVICES
The services offered by the company S'EVENT'IN are as follows:
Advice on the choice of providers for a private or professional event
Advice for the organization of a private or professional event
Organization and coordination of a private or professional event
Any decoration and scenography activity for a private or professional event
Equipment rental (furniture, decoration, etc.)
DJ, musical entertainment
ARTICLE 2: OBJECT
The general conditions of PSHE described below detail the rights and obligations between the company S'EVENT'IN on the one hand, selling the services defined below, and on the other hand the natural or legal person (the Customer), purchasing one or more of these services through a contract as defined in article 3 of these conditions.
ARTICLE 3: CONTRACT
The estimate supplemented by these general conditions of sale constitutes a contract proposal for which the customer, or his possible representative for himself, expressly declares having the power, authority and capacity necessary for its conclusion and for the fulfillment of its obligations. This contract proposal is valid for 30 days from the date it is sent or presented to the customer. After this period, the prices appearing therein are likely to be modified and a new estimate will be established by the company.
The contract is formed and the two parties engaged upon receipt by the company of the quote duly dated and signed by the customer, bearing the words "good for agreement" and a copy of these conditions, duly initialed and bearing the words " read and approved ".
The quote is inseparable from the general conditions. The acceptance of this estimate implies on the part of the customer full and unreserved acceptance of the general conditions.
To be enforceable against both parties, any modification made to this contract must be the subject of a written amendment signed by both parties.
In the event that, due to the promulgation of a new law or regulation, any obligation is placed on the Customer or S'EVENT'IN, as in the event that any right is granted to the Customer or to S ' EVENT'IN, the parties undertake to modify this contract in order to make it compatible with the new legal provisions.
ARTICLE 4: PRICE
Any intervention by the company S'EVENT'IN is subject to an estimated, detailed and personalized quote delivered or sent by email and / or simple letter to the customer. This estimate includes the designation and type of services determined from the request expressed by the customer as well as the terms and costs relating thereto.
These TCPSHE, the quote accepted in writing by the customer as well as any document submitted by S'EVENT'IN relating to the purpose of the service, to the exclusion of any other document issued by S'EVENT'IN and no. having only an indicative value, form the contract.
Any modification of the service requested by the customer is subject to the express agreement of the company S'EVENT'IN. Such a request from the customer can only be examined if it reaches the company S'EVENT'IN no later than 30 days before the start of the event. After this period, the service will remain valid and must be paid in full by the customer.
S'EVENT'IN declares that the prices of the services offered are indicative and that they can be modified by its sole will. However, it declares that these prices will be the same at the time of the Client's engagement and the performance of the service.
In addition, the Client will reimburse S'EVENT'IN for the travel and subsistence expenses incurred by it during all exceptional trips made by its employees as part of the Mission and this, on supporting documents and on the condition that these travel expenses have been previously accepted by the Customer.
The sums due will be paid within 20 days of receipt of the expense report by the Customer, showing VAT and denominated in the name of S'EVENT'IN.
With the exception of the travel costs referred to above, it is expressly agreed that S'EVENT'IN will bear all other costs of any nature whatsoever necessary for the proper accomplishment of its Mission.
S'EVENT'IN reserves the right to increase the fixed price according to the workload induced by the modification of the specifications. However, the Customer remains free to accept or not the proposals of S'EVENT'IN: he can accept them as is, request any modification subject to the deadlines authorizing the realization of the event or quite simply refuse the whole. of the project without having to specify the reasons. In the latter case, the Customer would immediately release S'EVENT'IN from any obligation towards him and could therefore not claim any reimbursement of all or part of the down payments and fees paid.
ARTICLE 5: TERMS OF PAYMENT
Payment for services is made exclusively in euros:
Either by bank transfer to the bank details on the invoice
Or by check payable to S'EVENT'IN
The payment of fees is staggered as follows:
A deposit of 30% of the amount of fees and / or rental of equipment, to be paid when signing the estimate to cover the study, selection, presentation of service providers and reservation of reception dates and equipment. This sum is definitively acquired.
Payment schedule for the balance of fees and equipment rental:
40% of the amount due at D-6 months
Balance of 30% of the amount due on D-15
For the rental of equipment, a deposit check, the amount of which will be determined on the estimate, will be requested on the day of delivery.
ARTICLE 6: CANCELLATION
Cancellation by the Client: in the event of withdrawal, refusal or cancellation on the part of the client, S'EVENT'IN will be released from any obligation towards the Client and the latter may not claim to postpone the event to another date, nor to the reimbursement of sums already paid and kept by S'EVENT'IN as an irreducible contractual termination indemnity.
Cancellation by the company S'EVENT'IN: in the event of cancellation by the company S'EVENT'IN of one or more services to be provided to its Client, the company S'EVENT'IN presents professional liability insurance. It cannot be held responsible for delays in the organization due to cases of major forces such as traffic accidents, human accidents, strikes, bad weather, revolts, demonstrations, pandemic.
In the event of force majeure or if an unforeseeable event occurs (pandemic, loss of employment, etc.) which modifies in an extraordinary, substantial and sudden manner the circumstances at the origin of the execution of this Contract, the Parties will not be liable. non-performance or delay in the performance of this contract. The Parties undertake to notify each other immediately of the occurrence of any force majeure event. The Parties will jointly assess in good faith the consequences of this event within a maximum period of 72 hours. For the duration and to the extent of its impact, force majeure will suspend the performance of the Contract for both Parties. As soon as the event has ceased, the prevented Party will inform the other Party and immediately continue to fulfill its contractual obligations, if possible. A new date may be set.
ARTICLE 7: PAYMENT DEADLINE
No deduction, reduction or compensation of payment is accepted in the event of a dispute. Unless expressly accepted by S'EVENT'IN, invoices are payable in cash on the day of receipt of the invoice by the Customer, subject to a possible deadline.
Any amount not paid on the due date appearing on the invoice automatically entails:
- The application of penalties calculated on the totality of the sums due at the rate of 5 times the legal interest rate, in application of the provisions of the law of August 4, 2008, known as the LME law.
- Reimbursement by the Client of all file costs and litigation recovery of sums due, including the fees of ministerial officers, bailiffs or authorized legal personnel.
- The immediate payability of all sums remaining due by the Customer on the date on which the non-payment is noted.
ARTICLE 8: DISCOUNT CONDITIONS
No discount is granted in the event of early payment.
ARTICLE 9: CANCELLATION CLAUSE
In the absence of payment of the price within thirty (30) days following the validation of the service provision by the Customer, S'EVENT'IN may, in addition to taking legal action for the execution of the service concerned, suspend the game. of any guarantee and terminate the contracts in question in accordance with the provisions of this Contract.
The aforementioned period of thirty (30) days from the date of receipt by S'EVENT'IN of the confirmation letter of the service offer by the Customer.
If within 15 working days following a reminder by registered letter with acknowledgment of receipt - equivalent to formal notice - for late payment by a due date, with or without late penalties, the customer does not is not paid the remaining amounts due, the sale is automatically terminated and the company is immediately released from any obligation towards the customer. The deadline starts from the first presentation of the registered letter.
ARTICLE 10: CONDUCT OF THE MISSION - OBLIGATIONS OF THE COMPANY
During the term of the contract, S'EVENT'IN undertakes to research and implement all the elements as defined in the contract. At the customer's request, S'EVENT'IN carries out a first meeting free of any financial commitment from the customer. During this first meeting, a contact is established to list the needs and desires of the customer.
S'EVENT'IN is bound by an obligation of means. Thus, S'EVENT'IN undertakes to implement all the appropriate means and governed by the rules of the art to ensure the proper execution of its obligations, it being understood that it cannot in any case guarantee the results on objectives going beyond the framework of its obligations defined by the contract.
In particular, it is understood that the competitive positioning of S'EVET'IN in its sector of activity depends on external events that S'EVENT'IN cannot under any circumstances control, and for which the Client cannot hold it against him.
S'EVENT'IN undertakes to attend and organize the event, in accordance with the Customer's request, respecting the schedule of the specifications.
The Client's obligations with regard to compliance with the criteria may be redefined if more precise specifications are established and accepted by the parties. S'EVENT'IN will keep the client informed of the progress of his file and provide him with the descriptions of the services selected.
S'EVENT'IN undertakes not to divulge the information provided by the customer, which will be held confidential. Any information collected as part of the establishment of the specifications may be communicated to the event providers who will be bound by the same rules of confidentiality.
Upon completion of its mission, S'EVENT'IN returns any personal document entrusted to it by the Client for the execution of the mission.
ARTICLE 11: CLIENT'S OBLIGATIONS
The customer will make sure to facilitate access to the information that S'EVENT'IN would need. The customer undertakes to accept and fulfill the special conditions of the selected parties and in particular to settle any surety or guarantee that may prove necessary before the full payment of the sums due.
The quotes are negotiated by S'EVENT'IN then established on behalf of the client. Certain services are also to be paid directly by the customer according to the schedule established by the service providers.
The customer undertakes not to intervene directly before, during and after the event with the service providers selected by S'EVENT'IN except with regard to the payments to be made.
Before entering into a contract for any service or equipment rental offered by S'EVENT'IN, the Customer acknowledges that he has read, understood and accepted, without reservation and in their entirety, the general conditions, estimate and / or contract of service delivery.
The Customer undertakes to pay S'EVENT'IN the price of the service and / or rental of equipment he has chosen, in accordance with the deadlines provided for in the estimate and contract.
The Customer undertakes to perform with loyalty and in good faith his obligations towards S'EVENT'IN so that the service takes place under the best possible conditions.
The Customer undertakes to provide S'EVENT'IN, in good time, with any element of information necessary for the smooth running of the service.
The Customer thus undertakes, in particular, to respond to the requests of S'EVENT'IN by sending it all data, information and all documents likely to ensure that S'EVENT'IN has sufficient knowledge of the Customer, in order to process the request. targeted service under optimal conditions.
The Customer undertakes to cooperate fully with S'EVENT'IN for the smooth running of the service.
He thus undertakes:
to demonstrate diligence, responsiveness and availability in its relations with S'EVENT'IN;
to provide its assistance to enable S'EVENT'IN to monitor operations linked to the performance of the service, such as verifications of information and any other necessary operations.
to refrain from any act that undermines the independence of S'EVENT'IN or its employees. This particularly applies to offers made to employees to carry out assignments for their own account or to become an employee of the Client.
to notify S'EVENT'IN, at least 48 hours in advance, for any cancellation of an appointment.
to carry out the work incumbent on it in accordance with the provisions set out in the service offer;
to respect the procedures put in place to carry out the assignment;
to inform S'EVENT'IN of new or exceptional facts;
to confirm in writing, if S'EVENT'IN so requests, that the documents, information and explanations provided are complete;
to check that the statements and documents produced by S'EVENT'IN comply with the requests expressed and information provided by itself and to inform S'EVENT'IN without delay of any failure or error.
ARTICLE 12 - CONFIDENTIALITY AND IMAGE RIGHTS
S'EVENT'IN undertakes not to sell, share or disclose the Client's personal data to third parties outside of its own use. However, this data may occasionally be transmitted to third parties acting on behalf and in the name of S'EVENT'IN or in connection with the activity of S'EVENT'IN in the context of the use for which they were collected. originally. The Customer has the right to access and update his nominative personal data as well as the right to request their deletion in accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to computers, files and to freedoms. S'EVENT'IN undertakes to ensure that the personal and nominative data of the Customer are up to date, exact and complete. The Customer can exercise his right of access or correction by contacting S'EVENT'IN directly by registered letter with acknowledgment of receipt. The Client, without financial or pecuniary consideration of any kind, expressly authorizes S'EVENT'IN or any other entity that would come under the rights of S'EVENT'IN in the context of a sale or transfer of a share. social security, of a takeover, of a merger or of an acquisition, and all its beneficiaries: to fix, reproduce, distribute and exploit its image, in whole or in part, in unlimited number, free of charge, worldwide, in all formats, in colors and / or in black and white, on all current or future known media, and by all current or future means, in particular on all S'EVENT'IN branches on all audiovisual services and all online services on all networks; to broadcast its image with the S'EVENT'IN logo. Consequently, the Customer guarantees S'EVENT'IN against any recourse and / or action that may be brought by natural or legal persons who consider that they have any rights to assert on the use of their image which would be likely to oppose them. their dissemination. The Client acknowledges that he has already been informed and accepts that the decision to use his image or not will be left to the discretion of the Agency. S'EVENT'IN makes no commitment to use all or part of the recorded images with regard to it and as such. This authorization is granted for a period of thirty (30) years from the signing hereof, renewable by mutual agreement of the parties, formalized in writing, and will remain valid in the event of a change in his current marital status.
ARTICLE 13: RESPONSIBILITIES
The responsibility of each party is limited to the commitments entered into by it under the terms of the contract; Consequently, S'EVENT'IN cannot be held liable in the event of direct or indirect damage linked to the intervention outside the contract of one or more service providers.
The responsibility of each of the parties cannot be engaged as for a non-performance or a delay in the performance of one of its obligations described in these general conditions of sale if the non-performance or the delay observed results from a fortuitous event or force majeure as defined in article 15 hereof.
The responsibility of the S'EVENT'IN can not be engaged in the event of the occurrence of the following facts:
- Theft, loss of funds and valuables belonging to the client or to participants occurring during the event covered by the contract,
- Bodily or material accidents suffered by the client or the participants during the intervention of one or more service providers intervening under the contract, Blows or injuries that the client or the participants could cause to themselves or to others on occasion fights and accidents consecutive or not to a pronounced alcoholic state or to the taking of narcotics,
- Damage, direct or indirect, and of any nature whatsoever, likely to affect the objects or materials deposited by the customer or the participants during the event covered by the contract,
- Damage, direct or indirect, and of any nature whatsoever, that the client or the participants could cause against one or more service providers or their employees acting under the contract,
- Damage caused by the customer or the participants to materials, equipment and / or premises, of one or more service providers involved under the contract. Repairs and reimbursements which appear necessary following the aforementioned damage will be the sole responsibility of the customer who undertakes to bear the costs of repairing them.
- S'EVENT'IN cannot be held responsible for its services accessible via the Internet and does not exercise any control in any form whatsoever over the nature or characteristics of the data that could pass through the intermediary of its host.
The Customer is solely responsible for the choice of the service subscribed, from the day of his engagement, and therefore for the validation of said service.
The Client is responsible for any damage, direct or indirect, that he or his guests / participants may cause during the event. The Customer undertakes to waive and to have his insurers and / or any guest waived, where applicable, any recourse against S'EVENT'IN in the event of any damage occurring.
ARTICLE 14: SERVICE PROVIDERS
The Customer undertakes to respect the schedule of regulations as defined in article 5 hereof. The Company S'EVENT'IN cannot be held liable in the event that a service provider not paid due to the Client's failure to pay the Company, refuses to perform his service.
The Customer is free to suggest service providers. The S'EVENT'IN Company cannot be held responsible for the quality of the work of the service providers chosen directly by the Customer.
ARTICLE 15: EQUIPMENT RENTAL
S'EVENT'IN cannot be held liable in the event of breakage and / or loss and / or theft of the rented equipment or its equipment that it has rented or made available. In the event of breakage and / or loss and / or theft of the equipment, it will be invoiced to the Customer at its replacement price, defined in the estimate.
ARTICLE 16: DELIVERY / RETURN OF THE RENTAL EQUIPMENT
S'EVENT'IN gives the Customer the choice: either the Customer takes care of picking up and returning the equipment, or it takes care of delivery and collection, but this service is chargeable.
The two parties will agree on the place and day of delivery or collection of the order.
When the equipment is delivered, the customer, if he recognizes the equipment in accordance with his request, undertakes to sign all the documents relating to the equipment which are presented to him by S'EVENT'IN. This signature implies on his part the unconditional acceptance of the rented equipment.
S'EVENT'IN also offers partial or complete installation of the order (paid service). S'EVENT'IN does not support the installation of the equipment of the customer or of another service provider without quotation.
ARTICLE 17: FORCE MAJEUR - CASUALTY CASE
Is a case of force majeure or a fortuitous event, any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code, independent of the will of the Company and hindering the performance of the services sold, in particular and as a examples of acts of public power, hostilities, wars, natural disasters, fires, floods, blocking of telecommunications… (this list is not exhaustive).
ARTICLE 18 - COMPLAINTS
Any dispute or complaint can only be taken into consideration if it is formulated by registered letter with acknowledgment of receipt and addressed to S'EVENT'IN, within 8 (eight) days maximum after the end of the event.
ARTICLE 19: COMPETENT JURISDICTION - APPLICABLE LAW
For all disputes relating to sales made by the Company S'EVENT'IN and for the application or interpretation of these general conditions of sale, and in the absence of an amicable resolution, only the commercial court and the court of large body of the head office of the Company are competent (REIMS 51100). French law is the only one applicable.