Between the company
HERA et LUTECE offers its clientele high-end services consisting of the organization of tailor-made private events. These General Terms and Conditions of Sales relate to HERA et LUTECE S.A.S.U with a capital of 5,000 €, here called the Company, registered with Paris RCS SIREN 823 104 468, APE code 8230Z. All legal notices are described here.
And the client
Body or legal person, here referred to as the Client, or his possible representative for himself, expressly declares that he has the power, authority and capacity necessary for his conclusion and the execution of the obligations incumbent upon him.
General Terms and Conditions of Sales (GTCS)
AS of 31st March 2020
Preambule
These General Terms and Conditions of Sales (hereinafter "GTCS") govern all contractual relations between the Company and the Client. These are applicable to any order of event planning and design services executed by the Company. They constitute the framework of the contractual and financial commitments offered to its customers.
Prior to the conclusion of contracts, the Client must claim from the Company these GTCS. The fact that the Company does not avail itself of one or the other of these GTCS cannot be interpreted as a waiver of availing itself of any of the said conditions. Consequently, placing an order implies ipso facto full and unreserved membership in the GTCS listed below. The Company reserves the right to modify these GTCS at any time.
From the moment the Client declares himself interested in the proposed service, he delegates to the Company responsibility for planning the event by the mandatory signing of a contract. It therefore has a withdrawal period of fifteen (15) days, beyond which these GTCS are intended to define their reciprocal rights and obligations.
Article 1 - Object
These GTCS detail the rights and obligations between the Client and the Company selling the services as defined on its website heralutece.com/en/ in the Services menu section.
Any service ordered by the Client will be the subject of a quote and an contract and/or the design of a web portal to which these GTCS will be annexed.
Article 2 - Application conditions
The GTCS apply to all the services mentioned above and performed by the Company. They are sent to the Client via a link in the contract.
In the event of a contradiction between the Special Conditions appearing in the contract signed by the Client and those appearing in these GTCS, the contract ones are only applicable.
Article 3 - Offers, quotes and contract
3.1 - Offers
The Client has the choice between different services, presented on the Company's website heralutece.com/en/. If the Client wishes specific formulas, it is up to him to notify the Company before accepting the quote.
3.2 - Quotes
Any intervention by the Company must be subject to a detailed and personalized quote (estimated at the first presentation) given or sent (e-mail and/or simple letter) to the Client. This quote includes the designation and the type of services determined from the request expressed by the Client as well as the terms and costs relating thereto. The estimate is free, without obligation and established in two copies: one for the Company and the other for the Client.
This quote is equivalent to an order when the Client returns it to the Company duly dated, signed, and bearing the handwritten mention "Good for Agreement" plus a deposit.
Any actual reservation of the date of the event in the agenda by the Company is subject to the prior payment of the deposit by the Client.
3.3 - Contract
The quote supplemented by these GTCS and a mission letter if applicable constitutes a contract proposal for which the Client, or his possible agent for himself, expressly declares to have the necessary power, authority and capacity upon its conclusion and the performance of its obligations.
These GTCS, the estimate accepted in writing by the Client as well as any document issued by the Company relating to the subject of the service, to the exclusion of any other document issued by the Company and having only an indicative value, form the contract.
Any modification or resolution of the service requested by the Client is subject to the express agreement of the Company. Such a request can only be examined if it reaches the Company no later than 60 calendar days before the start of the event. After this period, the service will remain valid and must be paid in full by the Client. Any modification of the contract might be subject to fees adjustment.
Article 4 - Mandate
At this stage, the Client delegates to the Company, which accepts responsibility for the organization of the event corresponding to the criteria which will be described in the estimate and in the engagement letter if applicable.
If after possible denunciations of the contract, the Client were to carry out or have carried out the event which would have been defined by the Company, an amount equal to 50% of the plagiarized service(s) would be due to the Company.
Article 5 - Company and client obligations
5.1 - Obligations of the Company
During the term of the mandate, the Company undertakes to research and set up supervision of all the components as defined in the contract. At the Client's request, the Company makes a first appointment free of any financial commitment. During this first meeting, a quote is established to list the event parameters envisaged.
The Company's obligations regarding compliance with the criteria may be redefined if a more precise mission letter is drawn up and accepted by the parties. The Company will keep the Client informed of the progress and will provide him with the descriptions of the services selected.
The Company undertakes not to disclose the information provided by the Client which will be considered confidential. Any information collected as part of the establishment of the engagement letter may be communicated to the Company's business partners, who will be bound by the same confidentiality rules.
5.2 -Obligations of the Client
The Client undertakes not to conceal from the Company, concealment which would be likely to delay, hinder, frustrate, disorganize the project or its realization, any element of information essential for the proper functioning of the contractual service. The Client will, for example, make it easier to access the information that the Company would need.
The Client undertakes to respect and fulfill the specific conditions of each supplier selected and in particular to pay the full amount due for their services. The Client undertakes not to intervene directly before, during and after the event with suppliers, subcontractors, artists, staff and employees of the Company, excluding relations relating to the settlement of the latter.
The Client is obliged to be the holder in his own name or by delegation of valid civil liability or professional liability insurance. Consequently, the Client undertakes to waive and have his participants or his insurers waive all recourse against the Company in the event of any occurrence mentioned in article 10.1 and 11 of these GTCS.
Article 6 - Clause non-waiver
In any case, the fact that the Company abstains from claiming the performance of an obligation to which it can claim cannot be interpreted as a renunciation on its part to the performance of said obligation, regardless of the duration of his abstention or his tolerance.
Article 7 - Company fees
The Company will receive, as part of its service, fees defined in the contract. These fees are only valid for the advice and organization of an event. Each lunch or dinner break, travel and possibly accommodation costs will be invoiced in addition upon presentation of supporting documents.
The Company reserves the right to change its prices at any time but undertakes to apply the rates in force as indicated and approved by the Client at the time of his order. The fees of the Company may be reassessed with regard to the additional workload possibly induced by new requirements from the Client subsequent to the signing of the quote and/or the engagement letter, and therefore not taken into account in these.
For example, if the Client makes 2 times critical modifications of his request while planning, the Company could ask for increasing her fees (cancellation after venue contract sign, back and forth of the overall budget, number of days of coordination, etc).
The Client remains however free or not to accept the proposals of the Company: he can accept them in the state, request any modification subject to the deadlines authorizing the realization of the event or quite simply refuse them without having to specify the reason. In the latter case, the Client will immediately release the Company from any obligation towards him and cannot therefore claim any reimbursement of all or part of the deposits and fees paid.
Article 8 - Terms of Payment
8.1 - Payment
Payment for services provided by the Company is made exclusively in Euros, respecting the conditions of each invoice: • either by transfer to the bank details appearing on the invoice; • either in cash within the legal limit defined by decree n°2015-741 of June 24, 2015; • or by bank-check made out to "Héra et Lutèce S.A.S.U".
The payment for the services provided by the Company is, unless expressly agreed between the Parties, staggered as follows: a first deposit of 40% of the total fees of the contract. This amount is definitively acquired by the Company, even in case of Force Majeure (as described in Article 11).
The balance of the fees follows the following calendar, or the one mentionned in the contract if differents: • 40% of the total amount including tax due mid-term; • balance of 20% of the total amount including tax due 2 months before and collected on D-15 days.
The VAT rate applied will be the one in force on the day of the contract and each desposit.
8.2 - Discount Conditions
No discount is accepted on fees, whether payment is made in advance or in cash. No deduction, reduction or compensation for payment is accepted in the event of a dispute.
8.3 - Late Penalties
Any amount not paid by the due date shown on the invoice automatically entails: • the application of penalties calculated on the whole of the sums due at the rate of twice the legal interest rate, in application of the provisions of the law of August 4, 2008, called LME law; • reimbursement by the Client of all administrative costs and litigation recovery of the sums due, including the fees of ministerial officers, bailiffs or authorized legal personal; • the immediate payment of all sums remaining due by the Client on the date of observation of non-payment.
In the event of default in payment, forty-eight (48) hours after a formal notice remains unanswered, the service will be terminated as of right by the Company if it so requires.
Article 9 - Cancellation
9.1 - Cancellation by the Client
In the event of withdrawal, refusal or cancellation by the Client, the Company will be released from any obligation towards the Client and the latter will not be able to claim reimbursement of the sums already paid and kept by the Company as irreducible contractual termination indemnity; even if in case of force majeure occurs, as described in Article 11 of these GTCS. If cancellation occurs: • less than 24 hours to 60 days before the date of the event: the Client will be invoiced at 100%; • between 61 and 90 days before the date of the event: the Client will be invoiced at 80%; • between 91 days and 6 months before the date of the event: the Client will be invoiced at 60%; • more than 6 months before the date, the deposit paid will remain acquired: without the amount of the invoicing being able to be lower than the costs already incurred at the time of the cancellation.
Any cancellation on the initiative of the Client must be sent by registered mail with acknowledgment of receipt, if the Client lives abroad sending an email with a response in return from the Company prevail, if any. In the event of cancellation without notice, the Company reserves the right to invoice the Client for compensation equal to 100% of the amount of the services reserved.
However, if a postponement is requested for family reasons, related to health, or due to a case of force majeure, as described in Article 11 of these GTCS, on a case by case basis, this could be accepted. The quote would then be changed, possibly resulting in additional costs. A postponement under these conditions can only be done once. After that, if the Client cannot attend the event, he will then be considered canceled, and due 100% of the total fees.
9.2 - Cancellation by the Company
In the event of cancellation by the Company of one or more services to be performed for its Client, the Company presents professional liability insurance.
The Company cannot be held responsible for delays in the organization or cancellation due to cases of force majeure as defined in Article 11 of these GTCS. In this case, all sums paid by the Client remain due to the Company and will in no case be reimbursed. A postponement of the date of the event may be offered to the Client in the event of force majeure.
Article 10 - Responsibilities
10.1 - Towards the Client
The Company undertakes to provide all the care used in the profession for the implementation of the service mandated by the Client. However, its responsibility cannot be retained in the event of a breach of its contractual obligations due to a fortuitous event or a case of force majeure - Article 11 of these GTCS.
The Client is responsible for any direct or indirect damage that he or the participants may cause during the event.
The Company declines all responsibility for damages of any kind whatsoever affecting goods of any kind brought by the Client or belonging to the participants, regardless of where the goods are stored, and when the following events occur: • 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 intervening service providers. • Blows or injuries that the Client or the participants could cause to themselves or to others in the course of fights and accidents whether or not consecutive to a pronounced alcoholic state or to the taking of narcotic drugs. • Damage, direct or indirect, and of whatever nature: - likely to reach the objects or materials deposited by the Client or the participants on the occasion of the event object of the contract, - that the Client or the participants could chat against one or more service providers or their employees working under the contract, • Damage caused by the Client or participants in the materials, equipment and/or premises, of one or more service providers intervening under the contract. Repairs and refunds that appear necessary following the aforementioned degradations will be the sole responsibility of the Client who undertakes to bear the costs of restoration or replacement if necessary.
10.2 - Towards suppliers
The Client is free to offer providers. The Company cannot be held liable for the quality of the work of service providers chosen directly by the Client.
The Company will negotiate the contract with the service provider until it is correct and submit it to the Client for agreement: • Either the contract is signed directly between the service provider and the Client, and in this case, the Company cannot in any case be held responsible for direct and indirect damages linked to the performance of the service provided by the service providers concerned. Who are henceforth solely responsible towards the Client; • Either the Client delegates to the Company the signing of the contract with the service provider, and in this case also the Company will not be held liable for damages linked to the performance of the contract.
The Company therefore advises the Client to contact his broker, insurer and agent in order to study with him the validity of his civil liability insurance and the possible subscription of additional insurance concerning the event.
Article 11 - Force majeure / Case fortuit
Is a case of force majeure or a fortuitous event, any external event, unpredictable and irresistible within the meaning of article 1148 of the Civil Code, independent of the will of the Company and obstructing the performance of the services sold; such as, and without limitation, disasters, strikes, pandemics, wars, fires, floods, demonstrations, blocking of telecommunications, failure or breakdown of equipment, means of transport, communication or due to actions external to the Company.
Article 12 - Advertising and Publication
The Company undertakes not to sell, share or divulge the personal personal data of the Client to third parties outside of its own use. However, this data may occasionally be transmitted to third parties acting on behalf of and on behalf of the Company in relation to the activity of the Company in the context of the use for which it was originally collected.
The Client has the right to access and update their personal nominative data as well as the right to request their deletion in accordance with the provisions of law n°78-17 of January 6, 1978 relating to data processing, files and to freedoms.
The Company may reproduce or disseminate all or part of the event data in the commercial presentation of the agency. Are considered as data of the event photographs and videos related to the event, which have been temporarily or permanently transferred to him by the customer. Hereby, the customer acknowledges assigning the rights relating to the event data and expressly authorizing their publication on the Internet or on advertising media within the meaning of article 9 of the Civil Code and associated case law, in particular the right to 'picture.
The Client declares to be informed of the provisions of article 1 of these GTCS and to have the possibility of refusing any publication and transfer of rights of data of the event by carrying the mention "Read and approved, refusal of publication and transfer of right” on the copy of these appearing in the contract as defined in article 2.
Article 13 - Claims
Any dispute or complaint may only be taken into consideration if it is made in writing and addressed to the Company, within a maximum of 8 (eight) calendar days after the end of the event.
Article 14 - Applicable law and competent jurisdiction
These GTCS meet the conditions of French law and more precisely the French law on commercial practices, information and consumer protection and in the context of distance selling and electronic commerce, therefore: • Any dispute relating to the interpretation and execution of these GTC will be subject to French law. • In the event of a dispute, the court of the city of Paris, place of the head office, will have sole jurisdiction to decide. • Any dispute or complaint may only be taken into consideration if it is made in writing and sent to the Company within a maximum of eight (8) days after the end of the event. • In the event of difficulty in the execution of the services ordered, the Company and the Client will endeavor to resolve their dispute amicably. • In the event of persistent disagreement, the competent courts will be seized.
