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General conditions of sale - customer
Preamble:
MUSICTRAVELTOUR, Simplified joint-stock company with a capital of 1000 Euros, registered with the RCS of PARIS under the number 880 623 004, whose head office is 127 rue Amelot 75011 Paris, is a company whose activity is advice and assistance in communication and marketing any channel, the purchase and sale of any advertising space on behalf of its customers and more generally of all services relating to communication and events, hereinafter called the "SERVICE".
In order to establish transparent contractual relations with its customers named below as the "CUSTOMER", MUSICTRAVELTOUR has established these General Conditions of Sale.
MUSICTRAVELTOUR and the CLIENT, together, are hereinafter called the Parties and individually the Party.
Article 1 - Purpose and scope
1.1 These general conditions of sale automatically apply to the following services: organization of events and all services relating to communication and events.
1.2 The sale is deemed concluded on the date of acceptance of the Order by MUSICTRAVELTOUR.
1.3 Any Order or immediate purchase by the CUSTOMER implies his unconditional acceptance of these general conditions of sale which prevail over all other conditions, except those which have been expressly accepted by MUSICTRAVELTOUR.
1.4 The CUSTOMER declares to have read these general conditions of sale and to have accepted them before placing an Order.
Article 2 - Pre-contractual information
2.1 Prior to placing the Order and concluding the contract, these general conditions of sale are communicated to the CUSTOMER, who acknowledges having received them.
2.2 The following information is sent to the CLIENT in a clear and understandable manner: the essential characteristics of the service; the price of the service or its method of calculation. This transmission takes the form of a quote.
2.3 Unless otherwise stipulated, the prices indicated by MUSICTRAVELTOUR prior to the Order are valid for one (1) month and can be updated or revised beyond this period.
Article 3 - Order
3.1 By Order is meant any order relating to the products and services sold by MUSICTRAVELTOUR and appearing on the estimate, accompanied by the payment of the deposit provided for on the order form.
3.2 The estimate, to be considered as an Order, must be subject to a written and express acceptance.
3.3 Any Order received by MUSICTRAVELTOUR is deemed firm and final.
3.4 Any modification to the Order must be the subject of a written endorsement signed by the Parties. Unless otherwise provided, the modification of an Order, even if accepted, entails on the one hand the obligation to pay for the services already provided by MUSICTRAVELTOUR and all other expenses incurred.
3.5 For any Order including a catering service, the CUSTOMER is required to confirm the number of guests no later than seven (7) calendar days before the scheduled date of the event. After this period, the number of guests can no longer be reduced.
Article 4 - Price
4.1 The price of the SERVICE is fixed in euros and is understood to be exclusive of tax. The price will be paid in the following ways:
4.1.1. A deposit of 50% of the price of the SERVICE at the signing of the quote by
the customer.
It is specified here that in the absence of payment of this deposit, MUSICTRAVELTOUR will not proceed with the provision of the SERVICE.
4.1.2 The balance of the price of the SERVICE is due upon receipt of the invoice by THE CUSTOMER.
4.2 In the event of late payment by the CUSTOMER, the sums remaining due will automatically be increased by a penalty calculated as follows: (i) application of the interest rate charged by the European Central Bank to its refinancing operation on March 1 of the current year (or the previous year if this increase is calculated between January and March 1 of the current year), increased by
10 percentage points, or (ii) if the rate defined in i) were to be lower
at the minimum rate in article L441-6 of the French Commercial Code (legal interest rate multiplied by 3), application of the latter.
4.3 A lump sum compensation for recovery costs of 40 euros is collected in accordance with article D441-5 of the French Commercial Code. When the recovery costs incurred exceed the amount of this lump sum payment, MUSICTRAVELTOUR may request additional compensation,
upon justification.
Article 5 - Cancellation
5.1 Any request for cancellation of the SERVICE by the CLIENT must be expressly notified to MUSICTRAVELTOUR by registered letter with acknowledgment of receipt no later than thirty (30) days before the date of the SERVICE
5.2 All costs incurred by MUSICTRAVELTOUR will be charged to the CLIENT
upon presentation by the first of the supporting invoices.
5.3 For any cancellation request made less than thirty (30) days before
on the scheduled date of the SERVICE, the balance of the price of the SERVICE will be due.
5.4 All cases of cancellation by the CUSTOMER, regardless of the time and the causes, excluding cases of force majeure, immediately release MUSICTRAVELTOUR from all obligations towards the CUSTOMER. The CUSTOMER cannot claim to postpone the event to another date.
5.6 In all cases of withdrawal or cancellation by the CLIENT and this, whatever the time and whatever the causes, excluding cases of force majeure, the amounts of compensation or penalties due or claimed by external service providers resulting directly or indirectly from this cancellation will be re-invoiced to the CUSTOMER on presentation of supporting documents.
Article 6 - Obligations of the CLIENT
6.1 The CUSTOMER agrees to provide MUSICTRAVELTOUR with all the information necessary to carry out the SERVICE within the deadlines set by MUSICTRAVELTOUR.
6.2 The CUSTOMER has the obligation to implement all the means it deems necessary and sufficient to prevent or reduce the effects of a breach of the contract caused by an event of force majeure as defined in article 9 hereof . The CUSTOMER must inform MUSICTRAVELTOUR as soon as possible in the event of an event of force majeure preventing them from performing all or part of their contractual obligations.
6.3 The CUSTOMER undertakes not to intervene directly before, during and after the event, with suppliers, subcontractors, artists, staff and collaborators of MUSICTRAVELTOUR.
6.4 The CUSTOMER undertakes to respect the payment deadlines. Otherwise, this contract will be automatically terminated, thirty (30) days after formal notice to execute remained unsuccessful and without prejudice to damages which may be claimed by MUSICTRAVELTOUR.
Article 7 - Obligations of MUSICTRAVELTOUR
7.1 MUSICTRAVELTOUR undertakes to implement all necessary and sufficient means in the performance of the SERVICE, within the limits of article 1 hereof.
7.2 MUSICTRAVELTOUR has the obligation to implement all the means it deems necessary and sufficient to prevent or reduce the effects of a breach of the contract caused by an event of force majeure as defined in article 9 hereof. MUSICTRAVELTOUR must inform the CUSTOMER as soon as possible in the event of an event of force majeure preventing it from performing all or part of its contractual obligations.
7.3 If the scheduled service provider (s) are unavailable for the desired date, MUSICTRAVELTOUR agrees to offer the CUSTOMER one or more equivalent or similar providers. In the event of acceptance of the new proposal by the CLIENT, the relationship between MUSICTRAVELTOUR and the CLIENT continues under the conditions stipulated herein and without modification of the initial contract. In the event of refusal of the new proposal, the deposit (s) concerned will be refunded to the CLIENT within thirty (30) days, counting from the reception by MUSICTRAVELTOUR of the written refusal of said proposal.
Article 8 - Liability and insurance
8.1 MUSICTRAVELTOUR cannot be held liable, whatever the basis and nature of the action, except in the event of proven fault on its part which has caused personal, direct and certain damage to the CLIENT.
The responsibility of MUSICTRAVELTOUR can only be engaged within the limit of an amount of damages which cannot exceed the amount invoiced under the contract.
Beyond this ceiling, the CUSTOMER waives, and causes his insurers to waive, any recourse against MUSICTRAVELTOUR and its insurers.
8.2 In any event, MUSICTRAVELTOUR cannot be held liable in the following cases: fact of the CLIENT; force majeure; made by a third party other than a subcontractor or supplier of MUSICTRAVELTOUR.
8.3 Each Party declares that it has subscribed or undertakes to subscribe at its own expense and to maintain valid the insurance necessary to cover the risks likely to arise from the performance of the Contract.
8.4 The CUSTOMER guarantees MUSICTRAVELTOUR against any action or complaint by a third party against MUSICTRAVELTOUR due to an event inherent in the performance of the SERVICE and, therefore, will indemnify MUSICTRAVELTOUR for the consequences of such action or legal damage or any liability. incurred by MUSICTRAVELTOUR as such.
Article 9 - Force majeure
9.1 No Party shall be held responsible for any failure or delay in the performance of its obligations, caused by an event of force majeure.
Force majeure means any event beyond the control of the Party invoking it which it could not reasonably protect itself from. In particular, force majeure constitutes: fire, epidemic, earthquake, flood, blackout, war, embargo, law, injunction, request or demand of any government, strike, boycott, or other circumstance beyond the reasonable control of the Party invoking it.
9.2 The Party declaring the event of force majeure must notify it within five (5) days of its occurrence. The notification will be made by email, it must indicate the nature of the force majeure and its impact on the execution of these.
9.3 If the force majeure event continues its effects beyond a period of three
(3) months, each of the Parties may, after sending a registered letter to the other Party, immediately and automatically terminate the Contract without right to compensation from
neither, nor the right to reimbursement of any deposit already paid.
Article 10 - Advertising
10.1 The CUSTOMER authorizes MUSICTRAVELTOUR, free of charge, and for the sole purpose of promoting MUSICTRAVELTOUR communication tools, to use, on MUSICTRAVELTOUR websites and social networks and printed documents, photographs and videos of the event organized by MUSICTRAVELTOUR . This authorization can be revoked at any time by LRAR addressed to MUSICTRAVELTOUR.
10.2 The CUSTOMER declares to have collected the express authorizations of third parties appearing in the data of the event, in particular those of parents or guardians for minors, and thus to release the company from any recourse by third parties against it aiming to prohibit the publication of data of the event or to claim damages.
Article 11 - Evidence agreement
The Parties agree to consider the messages received by fax or electronically and more generally the electronic documents exchanged between them, as original writing within the meaning of article 1316-1 of the Civil Code, that is to say having the same value as that given to the original.
Article 12 - Language of the contract
These general conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 13 - Litigation
In the event that a dispute arises between the Parties in the execution or interpretation of this agreement, the Parties undertake to try to resolve it beforehand in an amicable manner. If, after a period of 15 days, the Parties cannot reach an agreement, the dispute will then be submitted to the Mixed Commercial Court of Paris, France.
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