General conditions of sale or rental
1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE OR RENTAL
These general terms and conditions of sale or rental (hereinafter referred to as "these General Terms and Conditions") apply to all customers (hereinafter referred to as "Exhibitor(s)") contemplating or according to the placing of one or more orders for products within the framework of the space.plateforme-exposant.com website boutique (hereinafter referred to as "Exhibitor Space").
The "Espace Exposant" refers to the website published to put Exhibitors in contact with suppliers of products featured in the space.plateforme-exposant.com website boutique. Exhibitor Service" refers to the customer support service designed to assist Exhibitors placing one or more orders for products in the space.plateforme-exposant.com store. For the purposes of the Exhibitor Area and the Exhibitor Service, and unless otherwise specified, SPACE, whose registered office is located at rue Maurice le Lannou, CS 54239 - 35042 Rennes 63170, registered with the Rennes Trade and Companies Register under the number APE 8230Z, as more fully described in the legal notice of the Exhibitor Area, shall be understood.
When accessing the Exhibitor Area, the Exhibitor undertakes to read these General Conditions. Any modification or reservation made by the Exhibitor, in any way whatsoever, to any of the provisions of these General Conditions shall be considered null and void.
2. PURPOSE OF ORDERS
In accordance with the French Consumer Law of March 17, 2014 (known as the "Hamon Law") and the provisions introduced by this Law into Article 441-6 of the French Commercial Code, these General Terms and Conditions constitute the starting point but also the "sole basis" for commercial negotiations. All orders placed through the Exhibitor Area boutique imply the Exhibitor's full and complete acceptance of these General Conditions, and the Exhibitor waives the right to invoke any other document to the contrary, and in particular his own general or special conditions of purchase. The benefit of one or more orders placed within the framework of the Exhibitor Area is personal and may not be transferred without special prior agreement.
For an order placed in the Exhibitor Area boutique to take effect, it must be validated by full payment in full, according to the payment options available online. In the case of payment by cheque or bank transfer, the order will only be validated once the cheque or bank transfer has been cashed in full. The sale or, as the case may be, the rental will only be considered definitive after confirmation by e-mail of the validity of the order and its receipt. Until confirmation by e-mail of the validity of the order with its receipts has been received, Service Exposant is free to reject the order, in whole or in part, without the Exhibitor being entitled to claim any compensation whatsoever, for any reason whatsoever.
Any electronic validation of documents, forms or orders by the Exhibitor via a validation click - without the need for a paper edition or the affixing of a handwritten signature - will be proof of the Exhibitor's identity and of his signature validating his unreserved acceptance of the content to which the validation click relates, under the terms of a proof agreement between Service Exposant and the Exhibitor under the present General Terms and Conditions and the provisions of article 1368 of the French Civil Code.
3. MODIFICATION OR CANCELLATION OF ORDERS
As of confirmation by e-mail of the validity of the order, the Exhibitor is deemed to accept and subscribe to the obligations arising therefrom, with the exception of the following conditions for (i) modification or (ii) withdrawal of an order after confirmation by e-mail of the validity of the order with its receipts:
In order to be taken into account, the total or partial modification of an order placed by an Exhibitor in the Exhibitor Area store must be sent in writing, including fax or e-mail, to the attention of Service Exposant and received no later than 8 days after receipt of confirmation by e-mail of the validity of the order. In the event of a change to the initial order, Service Exposant is released from any commitment relating to the initial order, and the Exhibitor agrees to bear any additional costs and expenses resulting from the change to the initial order. The total or partial cancellation of an order, before the order deadline, entered in the Exhibitor Area store, except in the case of withdrawal from participation or non-occupation of the stand by the exhibitor for any reason whatsoever, will be subject to a refund to the Exhibitor with a retention of 15% (fifteen percent) of the amount excluding VAT of the order (or as the case may be, of the orders and in all cases, excluding bank charges) intended to cover the costs of management by Service Exposant of the cancellation. If the cancellation occurs after the order deadline, Service Exposant reserves the right to retain a value equal to half the amount (excluding VAT) of the order or orders entered in the Exhibitor Area store. All cancellations received after the deadline must be paid for in full. Beyond this deadline, if the cancellation is made after the Exhibitor has validated a “print order”, Service Exposant reserves the right to withhold payment equal to half the amount of the order or orders entered in the Exhibitor Area store, excluding VAT. In the event of withdrawal or non-occupation of the stand by the Exhibitor for any reason whatsoever, if the Exhibitor wishes to cancel his order, Service Exposant will issue a refundable credit note equivalent to 50% (fifty per cent) of the amount (excluding VAT) of the sums paid and/or remaining due, in whole or in part, in respect of the order; if the Exhibitor wishes to be exempted from this withholding of 50% (fifty percent) of the amount paid and/or remaining due, in whole or in part, in respect of the order, provided that the cancellation of the said order does not occur after the Exhibitor has validated a “print order”, Service Exposant will issue a non-refundable credit note for an amount equivalent to the amount (excluding tax) of the sums paid for the order, less a deduction of 25% (twenty-five percent) of the amount (excluding tax) of the order, intended to cover the costs incurred by Service Exposant in handling the cancellation and taking the form of a purchase credit valid for a future edition of the event. If the Exhibitor finally decides not to use this purchase credit on the occasion of a future edition of the event, Service Exposant will issue a refundable credit note for an amount equivalent to the amount (excluding tax) of the sums paid for the order, less a deduction of 25% (twenty-five percent) of the amount (excluding tax) of the order to cover the costs incurred by Service Exposant in handling the definitive cancellation.
4. EXHIBITOR AREA SHOP PRODUCTS
The products in the Exhibitor Area boutique are available for hire, with the exception of those marked “On sale”. The presentation of each product in the Exhibitor Area store provides information on its main characteristics. Plans, drawings and any graphic representations are for information purposes only. The Exhibitor Area administrator reserves the right to withdraw a product from the Exhibitor Area store at any time. In the event of a product being out of stock or of any other constraints related to delivery times, the Exhibitor accepts any equivalent replacement product with similar characteristics. Replacement by an equivalent product with similar characteristics will be equivalent to the supply of a compliant product, without any obligation to reimburse or compensate for the order in the absence of a total or partial refusal by the Exhibitor expressed at the time of delivery. Any dispute concerning the quality or quantity of products rented or sold must be notified in writing, including by fax or e-mail, to the attention of Exhibitor Services and received no later than 24 hours after delivery. Failing this, no claim will be accepted.
All rented products may only be used with the consent of Service Exposant. No modifications or alterations (presentation, power supply, water, etc.) may be made to the rented products, except with the special prior agreement of Service Exposant.
5. INVOICING AND PAYMENT TERMS
All prices quoted in the Exhibitor Area store are in €uros and do not include VAT. In accordance with legal and regulatory provisions applicable to the supply of products, prices will be increased by value-added tax at the current rate and any additional taxes. Products ordered in the shopping cart are to be paid for in €uros only and for the full amount of the online invoice. Exhibitors who are nationals of the EC (Europe) must comply with EU rules on VAT declarations in their own country. Under French law, certain products or services are subject to VAT. For rentals, prices are exclusive of tax and include delivery, installation, availability for the duration of the event and collection at the close of public access to the event (trade show, conference or other event), according to the rates displayed in the Exhibitor Area boutique. For sales, product prices are exclusive of taxes, delivered to the event location (trade show, convention or other event), exclusive of insurance, according to the rates displayed in the Exhibitor Area boutique. For services, our prices are exclusive of tax, insurance and exceptional handling, and include delivery, installation, availability for the duration of the event, and collection at the close of public access to the exhibition, congress or other event. This information concerning the closing of public access to the event (trade show, congress, or other event) appears in the event's general online information. The Exhibitor can consult and print invoices in electronic format (PDF) in the My Orders / My Invoices menu. Acceptance of these General Terms and Conditions implies unreserved acceptance as proof of the invoices issued online in PDF format.
Whatever the method of payment chosen by the Exhibitor, payment must be made in full by the date shown on the invoice. The cost of bank transfer or conversion into euros is borne by the Exhibitor, who undertakes to do so. In the event of late payment of an invoice, the Exhibitor will be liable for the penalties stipulated in the French Commercial Code, i.e. 2% of the invoiced amount per month of delay and a flat-rate penalty of 40 euros per invoice, without prejudice to any other right or remedy available to Service Exposant. In this context, Exhibitor Service reserves the right to interrupt the Exhibitor's access to and use of the Exhibitor Area services. Such interruption shall in no case constitute a fault attributable to Exhibitor Service.
6. DELIVERY AND TRANSPORT
Products ordered through the Exhibitor Area boutique are normally delivered - unless otherwise specified - by the supplier or a carrier no later than the day before the event (trade show, congress, or other event). Products ordered may be delivered in one or more shipments, depending on the order in which orders are received, the specific nature of the products ordered, or available stocks. It is the responsibility of the supplier or carrier to make or arrange for delivery, and the Exhibitor has no recourse against Service Exposant in the event of late delivery or defects in the products transported. It is the Exhibitor's responsibility to check the conformity of the products received at the time of delivery and to report in writing, including by fax or e-mail, to the attention of Service Exposant, any defect in the products transported (anomaly, damaged product, etc.). The absence of any reservations notified in writing, including by fax or e-mail, for the attention of the Exhibitor Service and received no later than 6 hours after delivery of the rented or sold product, shall be deemed to constitute acceptance of the products ordered and delivered, with no missing products, no defects and in good working order or serviceable condition. In the case of rental, and unless otherwise specified in advance, the goods must be returned to the Exhibitor's stand on the day of the end of the event (trade fair, congress or other event), in the same quantity as ordered and in good working order or serviceable condition. Any handling not provided for by the Exhibitor in relation to the place of delivery or return, as well as any delay or waiting time caused by the Exhibitor for receipt or delivery, will result in additional invoicing.
7. EXHIBITOR'S OBLIGATIONS
In the case of rental, the Exhibitor is responsible for the rented product from delivery until collection. Throughout the rental period, the rented products must be used in accordance with their intended purpose. Throughout the rental period, the Exhibitor undertakes not to do anything or cause anything to be done that could damage or result in the loss, theft or deterioration of the rented products. The Exhibitor is obliged to insure the rented products from the time of delivery against all risks of loss, theft or deterioration, in order to guarantee himself against these risks and in general against all claims during the rental period. Proof of this insurance may be requested at any time up to the return of the rented products. Any loss, theft or deterioration noted on return of rented products will result in invoicing at their replacement value as new, increased by an indemnity intended to cover the unavailability of the products concerned. Upon return, the rented products must be at the disposal of the supplier or carrier, empty of their contents in the case of furniture, and of all other effects or objects in the case of other containers, as soon as the entrance to the event (exhibition, congress or other event) is closed to the public. The Exhibitor alone is responsible for the loss, theft or deterioration of effects or objects which have not been removed prior to the return of the rented products. If it is established that the repair or replacement is attributable to the Exhibitor, Service Exposant reserves the right to invoice the Exhibitor for the repair, or as the case may be, the replacement of the product(s) concerned, at the Exhibitor's expense.
In the event of modification or transformation (presentation, power supply, water, etc.) of one or more rented products, without the prior special agreement of Service Exposant, Service Exposant reserves the right to take back or have taken back all or part of the rented products at the Exhibitor's expense and cost, without prior notice or compensation of any kind and without prejudice to any claim for damages and legal proceedings in the event of breach of these General Conditions.
8. LIABILITY - INSURANCE
Rented products remain the sole property of the lessor.Unless otherwise specified, the transfer of risks for rented or sold products takes place upon delivery, which means that the Exhibitor assumes custody of the rented or sold products at his own expense, risk and charge, under his sole and entire responsibility, upon delivery. Service Exhibitor is not liable for any damage that Exhibitors may cause to third parties, nor for any material or immaterial damage, including lost profit or loss, that may be suffered by the Exhibitor as a result of products rented or sold in the Exhibitor Area boutique. Consequently, each Exhibitor undertakes to take out the necessary insurance policies for the entire duration of the event (trade show, conference, or other event), including the periods of assembly and dismantling up to the return of the rented products. This (these) insurance(s) shall cover all direct or indirect damage, consequential or otherwise, likely to be caused to persons and material goods, including products sold or rented within the framework of the Exhibitor Space boutique and Exhibitors' intangible goods, including software, databases and Exhibitors' data, with waiver of recourse against the Exhibitor Service, as well as its insurer(s) as a result of such damage. The value of the products to be insured is the rental value, with the exception of certain equipment whose replacement value is indicated in its description. Any liability of the Exhibitor Service under these General Conditions shall be limited to immediate and direct damages for proven fault that the Exhibitor may suffer as a result of the Exhibitor Service, to the exclusion of indirect damages, consequential damages and expenses incidental to immediate and direct damages. Any liability on the part of the Exhibitor Service under these General Conditions shall not exceed thirty days' rental, exclusive of taxes and charges, of the product or products identified as being the cause of the damage or damages, except in the case of gross negligence or fraud, as recognized by a court of law. By accepting the present General Conditions, the Exhibitor waives all other claims for damages to which he may be entitled. Any liability of Service Exposant under these General Conditions is excluded in the event of force majeure or unforeseen circumstances beyond the control of Service Exposant, such as, but not limited to, strikes, fire, bad weather, floods, accidents, prohibition or official cancellation of the event (trade fair, congress or other event). The exclusions or limitations of liability provided for in favour of Service Exposant under these General Conditions also apply to Service Exposant's associates and collaborators.
All claims for defects, non-conformity or latent defects are time-barred within 12 months from the transfer of risk - applicable unless otherwise specified - from delivery of the products sold or rented. The limitation period of 12 months from the date of transfer of risk applies in the same way to claims for damages or compensation.
In the event of an action for damages for defects, non-conformity or latent defects, as in the case of a claim for compensation, the burden of proof against Service Exposant lies with the Exhibitor.
9. RESERVATION OF OWNERSHIP OF PRODUCTS SOLD OR LEASED
The transfer of ownership of the products sold and the transfer of the rights of use on the rented products are suspended until full payment of the price, in principal and accessories, has been received, even if payment terms have been granted. By express agreement, the Exhibitor Service may apply the present clause to all or part of the products sold or, as the case may be, rented, and may at its discretion take them back or have them taken back, or possibly reclaim them, without prejudice to the right to suspend or cancel orders in progress.
Similarly, the Exhibitor Service is authorized to carry out or have carried out any inventory of the products sold or rented, which may be in the possession of the Exhibitor, who undertakes to allow free access for this purpose and authorizes that the identification of the products sold or rented be possible throughout the period of application of the present clause. The Exhibitor must oppose any claim or seizure by third parties other than the Exhibitor Service and is not authorized to move, dispossess, pledge or grant any competing pledge, security interest or guarantee on the products sold or rented for which full payment of the price, in principal and accessories, has not yet been made. The Exhibitor must oppose any claim or seizure by third parties other than the Exhibitor Service and is not authorized to move, dispossess, pledge or grant any competing pledge, security or guarantee on the products sold or rented for which full payment of the price, in principal and accessories, has not yet been received.
The present clause has neither the object nor the effect of modifying the agreement under the present General Terms and Conditions concerning the transfer of risks applicable from the time of delivery of the products sold or rented. In the event of a claim by the Exhibitor Service and application of the present clause by the Exhibitor Service for the return of the products sold or rented, any costs incurred for the return of the products sold or rented shall be borne by the Exhibitor and any sums already paid shall be retained by the Exhibitor Service as a penalty clause and provision for compensation.
10. APPLICABLE LAW AND JURISDICTION
These General Conditions and, more generally, all contracts entered into by Service Exposant are governed by French law. Where necessary, an English translation of these General Conditions is available online. However, in the event of a dispute, only the French version of these General Conditions will be deemed authentic. In the event of a dispute between Service Exposant and an Exhibitor, 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 sales, rentals or services which may result from the present General Conditions. Any dispute which cannot be resolved amicably between the executive representatives shall fall within the exclusive jurisdiction of the Commercial Court of Clermont-Ferrand, regardless of the place of delivery or the place of the event (trade fair, congress or other event), even in the event of actions on petitions or summary proceedings, third-party appeals, multiple defendants or incidental claims.
Furthermore, in the event of action or recourse by the Exhibitor Service due to the Exhibitor's fault or negligence, the costs and fees of the bailiff for summons or service, as well as the costs and fees of experts or lawyers for formal notice, petition, summons, statements or conclusions and all other related costs or fees will be borne by the Exhibitor at fault, as well as more generally all costs, fees and expenses related to or arising from the Exhibitor's failure to meet its obligations under these General Conditions.