GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES
1. Opposability
These General Terms and Conditions of Sale and Services (hereinafter referred to as the "GTC") are systematically sent or given to each customer to enable them to place an order.
Placing an order implies full and unreserved acceptance of these conditions, to the exclusion of all others. Only special conditions formally accepted in writing by Fallone Event may prevail over the present G.C..
In the absence of written acceptance by the customer, any condition to the contrary shall be unenforceable against Fallone Event, regardless of when it may have been brought to its attention.
Fallone Event reserves the right to modify its G.C. The applicable G.C. are those in force at the date of the order placed by the customer. The fact that Fallone Event does not avail itself at a given time of any of the present conditions may not be interpreted as a waiver of the right to avail itself of such conditions at a later date.
2. Control
2.A Order content
Once the customer's requirements have been expressed, Fallone Event will issue an order form specifying the venue and, if applicable, the caterer and/or services chosen by the customer, as well as the dates, number of guests and price.
This order form is drawn up on the basis of declarations made by the customer, who certifies their accuracy.
Any additional services requested by the customer during the event or not provided for in the order form will be invoiced separately.
Transmission of the order form to the customer implies a written reservation option, for a period of 15 days.
Fallone Event is only bound by orders taken by its employees subject to written and signed confirmation from Fallone Event. The benefit of the order is personal to the customer and cannot be transferred without the agreement of Fallone Event.
2.B Definitive nature of the order
Orders for products or services are final only after receipt of the order form signed by the customer and the payment of a deposit of 70%, which constitute the conclusion of the contract, subject to written and signed confirmation of the order form by Fallone Event.
2.C Order modification
No modification, cancellation or cancellation of an order requested by the customer can be received after confirmation of the order by Fallone Event, unless otherwise stipulated.
In the event of total or partial cancellation of the order, Fallone Event will send the customer a "cancelled service" debit invoice, in accordance with the order form sent.
Any deposit paid by the customer to Fallone Event will be definitively acquired, unless otherwise agreed between the parties.
3. Performance of services
Fallone Event undertakes to perform the service by the deadline indicated on the order form and at the location specified by the customer.
In the event of postponement for any reason not attributable to Fallone Event, the deposit paid by the customer will be retained by Fallone Event.
An amount of 8% (eight percent) of the total order will be invoiced in addition to the initial service, to cover the costs of postponement, particularly administrative costs.
In the event of cancellation for any reason not attributable to Fallone Event, Fallone Event will retain the deposit paid by the customer and 15% (fifteen percent) of the total order as operating costs.
In the event of cancellation by a Fallone Event subcontractor, Fallone Event undertakes to use all necessary means to allow the customer access to the promised services without increasing the price stipulated on the order form.
4. Specific pandemic/COVID clause
In the event of confinement imposed by an administrative authority, Fallone Event is solely responsible for the proper performance of the services provided, and cannot therefore be held responsible for any difficulties encountered by the customer in reaching the place where the services are to be performed, if Fallone Event is otherwise able to provide the services sold and there are no exceptional and unavoidable circumstances arising at or in the immediate vicinity of the place where the services are to be performed which would have a significant impact on the performance of the contract or on the customer's transport to the place where the services are to be performed.
On the other hand, as the health situation is likely to have an impact on the running of services for several months to come, it is possible that access to certain workshops and/or activities initially planned in the contract may not be possible, given any restrictions imposed by the government.
In this case, Fallone Event may propose a replacement activity. In the event of refusal by the customer, the service that could not be performed will be reimbursed, without the possibility of claiming damages.
5. Subcontracting agreement
Fallone Event may entrust a third party with all or part of the provision of material or intellectual services.
6. Termination or cancellation of the order
The order may be cancelled by the customer by registered letter with acknowledgement of receipt in the event of :
performance of a service that does not comply with the declared characteristics of the service;
of thirty days beyond the date fixed in the purchase order, after having previously enjoined Fallone Event, in the same manner and without result, to effect delivery within a reasonable additional period;
In all these cases, the customer may demand reimbursement of the deposit paid at the time of ordering.
The order can be resolved by Fallone Event if :
refusal to perform the service ordered;
non-payment of the price (or the balance of the price) ten days before the performance of the service.
In these cases, and these cases only, the deposit paid at the time of order remains the property of Fallone Event by way of compensation.
7. Contract performance
Fallone Event cannot be held responsible for the safety of the client's person or property.
Fallone Event shall also not be liable for any damage caused by a security defect in the service or in the equipment used to perform the service.
8. Billing
In accordance with the provisions of article L. 441-3 of the French Commercial Code, an invoice is drawn up for each delivery and issued at the time of delivery or upon completion of the service.
9. Regulations
Invoices for services must be paid 10 days before the event, subject of the order, it being specified that a deposit of 70% must have been paid when the order form is signed by the customer.
Payment is deemed to have been made when collection takes place on the agreed due date, and not when a means of payment is provided.
Any sum not paid by the due date shown on the invoice shall automatically entail the application of the following penalties from the day following the payment date shown on the said invoice, without the need for formal notice:
a fixed indemnity for collection costs of €40, which may exceed this amount upon presentation of supporting documents by Fallone Event;
penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, i.e. for the first half of the year concerned, the rate in force on January 1 of the year in question, and for the second half, the rate in force on July 1;
late payment interest at the legal rate plus 5 points from the due date.
10. Awards
Prices are subject to change without notice. However, they are guaranteed for purchase orders that have been confirmed in writing by Fallone Event.
11. Dispute
The parties shall endeavor to reach an amicable agreement prior to any litigation. THE COURTS OF THE CITY OF THE LOCAL AGENCY OF FALLONE EVENT SHALL HAVE COMPETENT JURISDICTION, EVEN IN REFERENCE, to hear any dispute between the parties, unless FALLONE EVENT prefers to bring the matter before any other competent court. The relationship between the parties is governed by French law.
12. Image rights
The customer authorises Fallone Event to capture and exploit, free of charge, the photos and videos of the event on all media and in all formats, both in the commercial and non-commercial sectors, it being specified that the customer will be responsible for having the persons taking part in the event sign an authorisation for image rights in accordance with the intended capture and exploitation.
This authorization to capture and use images is valid for five years from the end of the contractual relationship between Fallone Event and the customer.
13. Force majeure
Fallone Event cannot be held liable in the event of non-performance or improper performance of the contract due either to the fault of its customer, or to the insurmountable and unforeseeable fault of a third party to the contract, or to a case of force majeure.
In particular, Fallone Event shall not be deemed to be in default in the event that non-performance of the contract is due to fire, flood, storm, exceptionally severe weather conditions, a fortiori a state of natural disaster, strike, industrial action or any other major incident, unavoidable obstacles, war (declared or not), embargoes, legal impediments, insurrection, events of a pandemic, epidemic, bacteriological or virological nature, or any other cause not attributable to Fallone Event.
In the event of total or partial cancellation of the order by the customer due to force majeure, a debit invoice for the "cancelled service" will be sent to the customer under the conditions set out in the article " Modification of the order ". The deposit paid to Fallone Event will remain due.
14. Material or moral damages
Fallone Event accepts no liability for any material or moral damage caused to participants or their property in connection with the event and its aftermath, and no claim or action may be brought against Fallone Event in this respect, unless it can be proved that Fallone Event acted intentionally or with gross negligence.
The client company is liable for any damage, direct or indirect, that it, its employees or participants may cause during the event and/or its aftermath.
Consequently, you undertake to Fallone Event to make the necessary arrangements for the required cover.
Under no circumstances can Fallone Event be held responsible for any direct or indirect prejudice linked to the execution of the services provided by the service providers concerned, who will be solely liable to the client company.
The client company undertakes to waive, and to have its insurers and/or any participant waive, any recourse against Fallone Event in the event of damage.
Failing this, the client company undertakes to indemnify Fallone Event against all claims and undertakes to compensate Fallone Event for any damage, loss or expense resulting from such claims.
15. Contractual terms
The nullity of a contractual clause does not entail the nullity of the general terms and conditions of service.
16. Services
Fallone Event offers its customers advice on event decoration (spaces, colors, materials, lighting, furniture). In this respect, Fallone Event is committed to an obligation of means.
To this end, Fallone Event will do everything in its power to satisfy the customer, in accordance with the established estimate, by regularly informing the customer of the progress of its work. Once the order form has been returned by the customer, the latter may not invoke subjective criteria (such as taste, beauty or comfort) to justify Fallone Event's complete or partial redoing of the work carried out (in particular the deliverables) or refusal to pay for the services to which the customer has committed.
The customer acknowledges that visuals and other documents such as "trend boards" or "inspiration PowerPoint" provided by Fallone Event are solely illustrative and non-contractual. They are part of a consultancy service whose aim is to give ideas and not necessarily to represent the identical decoration that will be put in place.
17. Personal data protection
17.A Data collection and processing
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Fallone Event implements the processing of personal data for the purpose of selling and providing services. Data concerning the user of the website (hereinafter "the User") is collected by Fallone Event. The data protection delegate is: Flora ABT
Fallone Event only collects the information necessary to process its orders, to follow up its customers and prospects, to optimize its website, and to communicate with the User concerning products, services and promotional offers.
This data may be passed on, in compliance with legal regulations, to the data controller, to the departments in charge of marketing, to the departments in charge of IT security, to the department in charge of sales, delivery and orders, to any company in the group to which Fallone Event belongs, to subcontractors involved in delivery and sales operations and to any authority legally authorized to access the personal data in question.
This data may be transmitted, in compliance with Chapter V of the General Data Protection Regulation (GDPR), to the same persons when they are located outside the European Union.
17.B Cookies
When consulting this website, information relating to the User's navigation may be recorded in "Cookies" files installed on his/her terminal (computer, tablet, smartphone, etc.). In order to provide its customers with the best possible service, Fallone Event uses cookies to :
To establish traffic statistics (number of visits, pages viewed, abandonment in the order process, etc.) in order to monitor and improve the quality of its services;
To adapt the presentation of the website to the display preferences of the User's terminal;
Store information entered in forms, manage and secure access to reserved and personal areas;
To provide the User with content related to his/her interests and to personalize the offers that Fallone Event sends him/her;
To facilitate the User's navigation.
Most cookies are intended to enable or facilitate the User's navigation and are necessary for the operation of the website.
The use of cookies, whether our own or third-party, that are not necessary for the operation of the site requires the express consent of the User.
The User may consent to or object to the use of cookies by making the appropriate settings on his or her browser. The User may refer to his browser's user guide for further information.
17.C Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
when the User authorizes a third-party website to access his/her data;
when Fallone Event uses the services of service providers to provide User support, advertising and payment services. These service providers have limited access to the User's data in order to provide these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
if required by law, Fallone Event may transmit data in order to follow up on claims made against it and to comply with administrative and legal procedures;
if Fallone Event is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, Users will be informed before any personal data is transferred to a third party.
17.D Transfer of personal data
The User authorizes Fallone Event to transfer, store and process his/her information in the countries where Fallone Event is established. The laws in force in these countries may differ from the laws applicable in the User's place of residence within the European Union. By using this website, the User consents to the transfer of his/her personal data to the countries in which Fallone Event is established.
17.E Security and confidentiality
Fallone Event implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and Fallone Event cannot guarantee the security of the transmission or storage of information over the Internet.
17.F Right of access and opposition
Pursuant to Regulation 2016/679 of April 27, 2016, the customer has a right of access, rectification, opposition and deletion to the processing of his data, opposition to profiling, limitation of processing, portability, relating to data concerning him and may withdraw his consent to processing by sending a request as follows:
Or by post: 38 chemin de la Prairie 74000 ANNECY
Or by email: contact@fallone-event.com
To enable Fallone Event to respond, each request must be accompanied by the information necessary to identify the sender: surname, first name, e-mail and postal address.
17.G Evolution of this clause
Fallone Event reserves the right to modify this privacy policy at any time.
If a modification is made to the present personal data protection clause, Fallone Event undertakes to publish the new version on its website.
Fallone Event will also inform Users of the modification by e-mail, at least 15 days before the effective date. If the User does not agree with the terms of the new wording of the personal data protection clause, he/she may exercise his/her right of opposition stipulated in the " Right of access and opposition " clause.
