Terms and Conditions of Sale and Rental

1. The purpose of the GTSL is to determine the legal, financial and operational conditions under which the CLIENT places an order for Services via the Platform (the “ Order ”) for the holding of the Event.
2. It is specified that the Platform may only be used for the purposes indicated in this article, to the exclusion of any third-party commercial use.

1. The Products and Services are exclusively accessible via the Platform on the Marketplace specially created by ARCANCE for the holding of the Event.
2. Generally speaking, the Products and Services available on the Marketplace meet the needs of setting up stands for an Event. They may be Services, Products for hire, for the duration of the Event, or Products for sale. The terms of provision are indicated on the Marketplace for each Product and each Service.
3. The characteristics and technical description, if any, of the Products and Services are indicated on the Marketplace. To place an Order for one or more Products or Services, the CLIENT is invited to click on the corresponding tab.
4. The Parties agree that Orders for specific or customized Products and Services will be specified in the Quotation generated via the Platform (hereinafter defined).
5. ARCANCE reserves the right, without prejudice to the CUSTOMER, to withdraw Products and Services from the Marketplace at any time. ARCANCE may offer equivalent Products or Services with similar characteristics. Acceptance of the replacement Product or Service by the CUSTOMER shall constitute full performance of the Order.
6. Products and Services are available within the limits of the Supplier's available stocks.
7. Representations of Products and Services on the Marketplace are for guidance only.
8. ARCANCE informs the CUSTOMER that the Products and Services are listed on the Platform by Product and Service category (food, furnishings, displays, etc.). Products and Services are delisted from the Platform if they are (i) no longer available from the Supplier, (ii) if ARCANCE and the Supplier are no longer contractually bound and/or (iii) if ARCANCE and the Supplier have freely decided to no longer offer the Product or Service in question.
9. The CUSTOMER is informed that ARCANCE may place cookies or other third-party tracers in order to study the user's path and consequently (i) recommend Products and Services likely to interest the CUSTOMER according to his preferences and (ii) personalize his user experience. Products and Services may thus appear differently depending on the CLIENT's experience, navigation and use of the Platform. For further information, the CLIENT is invited to consult the ARCANCE Privacy Policy available on the Platform.

1. The CLIENT is invited to select, from his User Account, the Products and Services he wishes to purchase and/or rent for the Event.
2. The CLIENT is responsible for placing Orders within a reasonable period of time, enabling him/her to obtain the Products and Services requested in due time.
3. Furthermore, the deadline by which the CLIENT may order the Product or Service depends on the nature of the Product or Service and its actual availability.
4. The deadlines for ordering Products and Services (the “ Order Deadline ”) are indicated on the Platform.
5. The price of Orders may be modified according to the date on which they are placed, particularly with regard to the actual date on which the Event is held. In this respect, an increase in the price of Orders may become effective as the Event approaches (the “ Increase ”). Where applicable, this will be indicated on the Platform.
6. If Products and Services require additional information or technical files, the CLIENT is invited to complete the corresponding fields to finalize the Order. The CUSTOMER undertakes to provide all necessary information and technical elements within the time limits specified and indicated on the Marketplace to enable ARCANCE to execute the Order. If such additional information or technical files are not provided within the time specified, the CUSTOMER shall be subject to the application of penalties (surcharge on the total amount of the Order excluding VAT). These penalties will be indicated in the Quotation.
7. The Order is the subject of a final summary, constituting an estimate generated via the Platform (the “ Estimate ”), the details of which the CLIENT is invited to check at the time of finalization and before payment. The CLIENT is required to validate the Order in order to finalize it, and to accept the present General Terms and Conditions of Sale.  The CLIENT's acceptance is expressed by confirming the Order by “clicking” on the Quotation. Validation of the Order generates the invoice or, as the case may be, the proforma invoice or the subsequent Order form, which includes all the characteristics of the Order. Electronic validation of the contractual documents implies unreserved acceptance by the CLIENT, and takes the place of a proof agreement within the meaning of article 1368 of the French Civil Code, without the need for a handwritten signature.
8. The CLIENT is also invited to fill in the information required for delivery of the Order. In the event of an error in the details of the recipient of the Order, neither ARCANCE nor the Supplier may be held responsible for the impossibility of delivering the Order.
9. Upon completion of the Order, the CUSTOMER will receive a summary invoice or, as the case may be, a proforma invoice or an Order. These documents may in any case be consulted on the CLIENT's User Account.
10. The CUSTOMER may request a modification to his Order after it has been placed, if the Product and Service in question so permit and subject to availability - which ARCANCE cannot guarantee. In this case, the CUSTOMER is invited to inform ARCANCE directly on the Platform. Modification of the Order may, where applicable, give rise to additional charges. The terms of payment of the price of a modified Order are identical to those indicated in article 4 of the GCSL.
11. As the CLIENT is a professional within the meaning of the introductory article of the French Consumer Code, he/she is reminded that he/she may not benefit from any right of withdrawal, whatever the Product or Service in question.

1. Prices are indicated on the Marketplace. They are expressed in Euros, excluding insurance(s), excluding tax, and include, where applicable, delivery, installation and de-installation costs, the amount of associated insurance, and service charges payable by the CLIENT and indicated before final validation of the Order.  
2. After validation, the summary of the Order sent by e-mail includes the final price in Euros, expressed exclusive of tax and/or inclusive of all taxes, including value-added tax where applicable, the price of the Order, packaging and transport costs, installation and uninstallation costs, and the amount of associated insurance, where applicable. The amount of value-added tax depends on the date of the Order, and any change will automatically be reflected in the Order price.
3. Once the Order has been validated, the CLIENT is obliged to pay the price on the due dates indicated on the invoice. The sums thus paid shall under no circumstances be considered as down payments or deposits. The price of the Order is paid by credit card or bank transfer; cheques are not accepted. The Order is deemed paid when the bank payment centers have expressed their agreement (with, depending on the banking establishment and the secure systems in place, a possible referral to an authentication page outside ARCANCE). If payment is refused, the CUSTOMER will be notified by e-mail to the address given when registering for his User Account or when placing the Order.
4. ARCANCE reserves the right to modify the prices of Products and Services at any time. Subject to availability of the Product and Service, ARCANCE undertakes to apply the current price indicated at the time of the Order.
5. In the absence of proof to the contrary, the data recorded by ARCANCE constitutes proof of all transactions entered into with the CUSTOMER via the Platform.

1. Once the Order has been validated and payment accepted in accordance with the conditions set out in these General Terms and Conditions of Sale, delivery of the Order is made to the address indicated by the CUSTOMER or, by default, to the address of the Event (filled in automatically via the Platform).
2. Products and Services are delivered by the Supplier.
3. Any delivery outside France will incur additional charges and taxes depending on the country of delivery, the payment of which is the sole responsibility of the CLIENT.
4. Delivery times are indicated on the Platform when the Product is consulted on the Marketplace. Delivery information is also provided in the Order confirmation e-mail.
5. By definitively validating the Order and proceeding with the payment thereof, the CLIENT expressly agrees to the Order delivery time as indicated.
6. The Supplier is responsible for the proper delivery of the Order. In the event of any delay or difficulty whatsoever, the CUSTOMER is invited to contact ARCANCE, who will pass on this information directly to the Supplier.

1. Upon delivery of the Order, the CUSTOMER is invited to check the number and condition of the packages upon receipt. In the event of damage or shortages, the CUSTOMER undertakes to make all necessary reservations with the carrier and to inform ARCANCE without delay and at the latest on the first day of the Event before noon following the discovery of the damage or shortage.
2. Upon delivery, the CUSTOMER undertakes to check the condition of the items and/or packaging. If the Order packaging is damaged, damaged, torn or open, he/she may refuse the package and note the corresponding reservations on the delivery slip. Within the limits of applicable legislation, any absence of reservations will be deemed to constitute acceptance of the Order.

1. The delivery of rented Products may, where applicable, require the intervention of the Supplier or any third party of its choice for their installation on the CLIENT's stand. In any event, the CLIENT undertakes to comply with the Supplier's installation conditions for the rented Product.
2. Custody of the rented Products is transferred to the Exhibitor upon delivery of the Order and its unconditional acceptance. The CLIENT is responsible for the use, control and management of the rented Product.
3. The CUSTOMER undertakes to use the rented Products in accordance with their normal use and, where applicable, in accordance with the Supplier's instructions, if they exist and are expressly formulated.
4. The CLIENT also undertakes to comply with the Supplier's conditions for uninstalling rented Products. In any event, the CLIENT shall refrain from installing and/or uninstalling the Product in question. The uninstallation of the Product is carried out in the presence of the CLIENT, who undertakes to remain present on his stand at a reasonable safety distance.
5. As the CLIENT is a professional within the meaning of the introductory article of the French Consumer Code, he/she is reminded that he/she cannot benefit from any right of withdrawal whatever the Product or Service rented.

1. The CLIENT may cancel his User Account at any time by logging on to his personal space.
2. If the User has closed his/her User Account, it will be possible for him/her to subscribe and use the Services again, but he/she will not be able to retrieve the data previously uploaded to his/her User Account.
3. In the event of a breach by the User of any of his obligations under the GTSL, ARCANCE will send him a notice to the e-mail address provided at the time of his registration in order to give him formal notice to remedy the breach. If the notification remains without effect for a period of eight (8) calendar days or if the CUSTOMER commits a new breach within a period of one (1) year following this formal notice, ARCANCE reserves the right to suspend its access to the Platform or to immediately and automatically delete its User Account by means of notification sent by email, without prejudice to (i) any other rights and remedies, (ii) any sums that may be due to ARCANCE and (iii) the conditions for the return of Products rented from the Supplier.
4. In the event of termination by either party in accordance with these provisions, the CLIENT will no longer be able to access the Platform, the Services or its User Account, which will be closed.
5. All limitations of warranty and liability provided for in these GTSL shall remain in force after termination of these GTSL.

1. The Exhibitor is entitled to cancel his Order and will be charged the following amounts: fifteen percent (15%) before the Increase; fifty percent (50%) after the Increase; one hundred percent (100%) after the Order Deadline.
2. In the event of cancellation of the Order by the Supplier: (i) ARCANCE shall use its best efforts to offer the CUSTOMER a Product or Service of an equivalent nature. The CUSTOMER who refuses this without objective and unjustified justification will not be reimbursed. (ii) In the absence of a proposal for a Product or Service of an equivalent nature, or in the event of the CUSTOMER's justified refusal of said replacement, the CUSTOMER will be reimbursed for his Order within thirty (30) days.

1. Platform.ARCANCE is and remains the owner of the intellectual and industrial property rights relating to all or part of the Platform, and the Contract does not transfer any intellectual property rights to the CUSTOMER. The CUSTOMER has a personal, non-exclusive, non-transferable right to use the functionalities of the Platform, limited to the duration of its registration, by remote access from the connection from the CUSTOMER's configuration to the ARCANCE server(s). In particular, the CLIENT is prohibited from:
   • carry out or have carried out any form of reproduction, representation or reverse engineering of the Platform, or alter or hide in any way whatsoever the trademarks, distinctive signs and copyright notices associated with ARCANCE;
   • intervene or have a third party intervene on the Platform and/or its User Account in any way and for any reason whatsoever, including to correct errors, a prerogative belonging exclusively to ARCANCE;
   • modify or seek to circumvent any protective device for access to and/or use of the Platform programs.
2. Trademarks and distinctive signs. If applicable, each party retains ownership of its trademarks and distinctive signs. The CUSTOMER grants ARCANCE the right to reproduce on any medium whatsoever its trademarks and/or company name for the entire duration of the Contract.
3. Warranty of eviction. ARCANCE guarantees that it is the author and/or owner of the copyrights on the Platform and that it holds the necessary rights to grant the license that is the subject of the Contract. ARCANCE undertakes to indemnify and hold the CUSTOMER harmless against any judgement that may be pronounced against it, related to the fact that the Platform, and its use by the CUSTOMER under the terms and conditions of the Contract, infringes the rights of third parties.

1. Each Party is responsible for its own actions and for any damage resulting therefrom. Furthermore, failure to comply with any of its obligations may result in the liability of the Party at fault.
2. It should be noted that the Party at fault may not be held liable for indirect and/or unforeseeable damage resulting from the present contract.
3. It is specified and expressly accepted by the CUSTOMER that, to the extent permitted by French law, ARCANCE's liability to the CUSTOMER, whatever the cause or origin, shall in no case exceed the amount of the last Order to date.

1. General. Given the state of the art in its profession, ARCANCE, which undertakes to take all reasonable care in the performance of its obligations, is subject to an obligation of means.
2. Internet. ARCANCE draws the CUSTOMER's attention to the characteristics and limitations of the Internet and, in particular, to the following points: (i) any operation carried out on the Internet (in particular downloading, using, consulting and transferring information) may require response times; (ii) data circulating on the Internet is not necessarily protected against possible misappropriation or viruses, and therefore the communication of passwords, confidential codes, and more generally, of any information of a sensitive nature is carried out by the CUSTOMER at his or her own risk; (iii) all data circulating on the Internet may be regulated in terms of use or protected by property rights; (iv) access to the Internet requires compliance with the rules applicable in the country where the information is consulted or transmitted; (v) the transmission of data from France or another country is subject to specific regulations to which reference should be made where appropriate. ARCANCE recommends that the CUSTOMER have a fast Internet connection.  ARCANCE declines all responsibility for any slowness in loading or downloading directly due to the Internet network and/or the Internet access provided by the CLIENT's Internet service provider.
3. Unavailability of the Platform. ARCANCE hereby informs the CLIENT that it shall not be held liable in the event of unavailability of the Platform or Marketplaces due to force majeure (as defined below).

1. General. The CUSTOMER is responsible for ensuring that the Order meets its requirements and acknowledges having determined its requirements prior to placing the Order. ARCANCE is under no obligation to provide any information or advice, prior or subsequent to the Order, in this respect.
2. Rented products. The CUSTOMER is responsible for the safekeeping of the rented Products, from their delivery until their de-installation by the Supplier, subject to their full payment. The CLIENT is obliged to insure the rented Products, and shall provide proof thereof on request, with policies covering all direct and indirect damage to tangible and intangible property, as well as to persons.
3. The CLIENT is responsible for checking his Order before placing it. It is also the CLIENT's responsibility to provide all the information required for the Customized Products and Services. The transmission and verification of the files (as well as any other documentation) required for their production are the sole responsibility of the CLIENT, within the agreed deadlines, under penalty of application of the penalties agreed in the Quotation.

1. By virtue of the specific nature of the relationship between the Supplier, ARCANCE and the CUSTOMER, and by virtue of the application of constant jurisprudence relating to the chain of contracts, the CUSTOMER is duly informed that the Supplier remains liable for damages relating to the Products and Services resulting from its fault, which the CUSTOMER expressly acknowledges.
2. In the event of any damage, the CUSTOMER is invited to report it to ARCANCE, which will provide the identity and contact details of the Supplier so that the latter can contact the CUSTOMER directly to resolve any dispute that may arise between them.
3. Under no circumstances shall ARCANCE or the Organizer be held liable in this respect.
4. These stipulations constitute an essential condition without which ARCANCE would not have contracted with the CUSTOMER.

1. ARCANCE declares and guarantees to respect and fulfill all of its obligations under applicable European regulations on the protection of personal data (and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the “ RGPD ”) and applicable national transposition regulations including, in France, Act no. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, as amended (together, the “ Personal Data Regulations ‘), applicable to personal data as defined by the Personal Data Regulations (’ Personal Data ”).
2. For the management of the Platform, ARCANCE assumes the role of data controller within the meaning of the Personal Data Regulations.
3. The methods used by ARCANCE to collect and process Personal Data are set out in the Platform's privacy policy to which the CUSTOMER is invited to refer, directly on the Platform, and communicated and validated by him/her when creating his/her User Account.

1. In addition to the stipulations set out in article 13.2 of the GTSL, each of the Parties declares that it is insured for its professional civil liability with a reputable and solvent company for all material and immaterial damage resulting from the performance of the present contract by its staff or collaborators.
2. The Parties undertake to maintain these guarantees throughout the duration of the Contract, as well as its registration on the Platform, and to justify them to the Party requesting proof.

1. ARCANCE reserves the right to avail itself of the provisions of article 1195 of the French Civil Code and of the unforeseeable circumstances provided for therein in the event that the contractual balance is upset by circumstances that were unforeseeable when the Contract was concluded, and in particular if its performance proves excessively onerous.
2. The debtor of an obligation arising from the Contract will be excused if he can justify a case of force majeure. The following are expressly considered to be cases of force majeure: natural disasters, total or partial strikes or lock-outs, epidemics, pandemics, shortage or blockage of ordinary means of transport, shortage of raw materials or components, fire, storm, earthquake, flood, water damage or other damage affecting the performance of the Contract, governmental or legal restrictions and, more generally, any situation beyond the control of the Party affected which prevents it from performing the obligation in question under the conditions provided for. If the situation of force majeure is of a temporary nature, performance will be suspended for the period during which performance of the obligation in question is thus prevented, such delay being excused. If the situation of force majeure or the excused delay persists beyond a period of six (6) months, either Party may terminate the Contract as it sees fit, without indemnity or compensation to the other Party. Any delay resulting in whole or in part from (a)- the total or partial interruption of telecommunications networks, as well as (b)- the failure or default of ARCANCE contractors such as suppliers or subcontractors, will in any event be excused, and the CUSTOMER accepts this without recourse against ARCANCE.

1. Headings. The titles of the articles in these General Terms and Conditions of Sale are for convenience only. In the event of contradiction between the title and the body of an article, it is understood that the body of the article shall prevail.
2. Entire agreement. The Contract represents the entire agreement between the Parties concerning the Platform and the Orders. It replaces and cancels any prior oral or written undertaking relating to the subject matter of the Contract and, in particular, to the Orders.
3. Tolerances. Any tolerance or waiver by one of the Parties, in the application of all or part of the undertakings provided for in the Contract, regardless of the frequency and duration thereof, shall not constitute a modification of the Contract, nor generate any right whatsoever.
4. Nullity and independence of clauses. The annulment of one or more clauses of the GTSL by a court decision or arbitration award shall not affect the other stipulations, which shall continue to have full and complete effect, provided that the general scheme of the Contract is preserved. In the event that the performance of one or more of the clauses of the present Contract is rendered impossible as a result of its cancellation, the Parties will attempt to reach agreement in order to establish a new clause whose spirit and letter will be as close as possible to the old clause, the other stipulations of the Contract remaining in force. Should this fail, or should the general structure of the Contract be fundamentally altered, the Parties may, by mutual agreement and in writing, declare the present Contract terminated in its entirety.

1. By express agreement between the Parties, the Contract and the GTSL are governed by French law, to the exclusion of any other legislation. They are written in the French language. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
2. In the event of a dispute between the Parties, the executive representatives will endeavour to settle amicably and as quickly as possible any dispute which may arise in relation to the validity, interpretation, performance, non-performance, breach by way of resolution, termination or otherwise of the Contract.
3. Any dispute which cannot be resolved amicably between the executive representatives within thirty (30) days of the date of notification of the dispute, shall fall within the exclusive jurisdiction of the Tribunal de Commerce de PARIS, irrespective of the place of performance of ARCANCE's obligations and/or the actual place of the Event, even in the event of actions on petitions or summary proceedings, third-party proceedings or multiple defendants or incidental claims.

1. For the performance of the present contract and its consequences, the Parties respectively elect domicile at their registered offices or at the addresses indicated at the head of the present contract.
2. Any change in the registered office or address of one of the Parties will only be enforceable against the other Party thirty (30) days after it has been duly notified.