Generals terms & conditions

OBJECT :

These General Terms and Conditions of Sale (GTCS) detail the rights and obligations between ANEIA EVENTS (sole proprietorship LISA CHOLET SIRET: 893 933 291 00021) selling the services defined below and any individual or legal entity hereinafter referred to as ‘the Customer’.
The services offered by ANEIA EVENTS are as follows:
– Organization and coordination of private events
– Advice on organizing private events

PREAMBLE :

These general terms and conditions apply to the ANEIA EVENTS agency. They constitute the framework for the contractual and financial commitments offered to its Customers. Prior to the conclusion of the contract, the Customer must request these general terms and conditions of sale from the seller.
The fact that ANEIA EVENTS does not avail itself of these general terms and conditions of sale at one time or another may not be interpreted as a waiver of the right to avail itself of any of said terms and conditions.
Having declared an interest in this service, the customer delegates responsibility for organizing the event to ANEIA EVENTS by signing a binding contract. The Customer, therefore has a withdrawal period of 14 (fourteen) days, after which these general terms and conditions of sale are intended to define their mutual rights and obligations.
In the event of any modification to these general terms and conditions of sale, ANEIA EVENTS will immediately notify the Customer and submit them for validation.

ARTICLE 1 – CONDITIONS OF APPLICATION :

These general terms and conditions apply to all services provided by ANEIA EVENTS. They are sent to the Customer at the same time as the wedding organization quote. Any acceptance of the quote implies the Customer’s full and unreserved acceptance of these conditions to the exclusion of any other document.
In the event of any contradiction between these general terms and conditions of sale and the special terms and conditions included in the quotation signed by the Customer, the provisions of the quotation alone shall apply.

ARTICLE 2 – QUOTE :

Any work carried out by ANEIA EVENTS must be subject to a detailed, personalized quote given or sent (by e-mail and/or by letter) to the Customer. This estimate shall include the description and type of services determined based on the request expressed by the Customer, as well as the related terms and conditions and costs.
The prices appearing on the quotes drawn up by ANEIA EVENTS are guaranteed until the option date. Once this date has passed, the quote becomes null and void. The rates and conditions indicated in the quote are then no longer guaranteed and are subject to change.
The provisions of the quotation alone shall apply to the customer.

ARTICLE 3 – CONTRACT AND WITHDRAWAL PERIOD :

Contract :

The Customer delegates ANEIA EVENTS, which accepts responsibility for organizing the event corresponding, at this stage, to the criteria described in the quote. The service shall be booked exclusively by the Customer with the ANEIA EVENTS agency by submitting the duly accepted and signed quote.
In return, the ANEIA EVENTS agency shall provide the Customer with the quote and a duly signed contract, an amendment to which may be drawn up concerning services not included in the quote and/or any changes to the services provided as they result from the agreement between the two parties. Payment for services not covered by the quotation and/or changes to the initial services must be made within one week of the date of execution.

Withdrawal period :

In accordance with articles L.221-18 and L.221-5 of the French Consumer Code, the customer is hereby informed that :
The withdrawal period is 14 (fourteen) calendar days from the day following the conclusion of the contract. When this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. The Customer may withdraw from the contract without giving any reason. A standard withdrawal form may be requested by the Customer from the ANEIA EVENTS agency, which will provide it.
The Customer’s right of withdrawal may be waived or may not exist in certain cases, in particular in the case of contracts for the provision of services that have been fully executed before the end of the withdrawal period and for which execution has begun after the Customer’s express prior agreement and express waiver of his right of withdrawal, made in writing to the ANEIA EVENTS agency.
In the event of a specific request from the Customer (addition of one or more new services not agreed in the contract signed by both parties, within a period of less than 2 (two) months from the date of the event), the Customer will not be able to benefit from the withdrawal period and must give his agreement in writing to the ANEIA EVENTS agency, so that it can take the necessary action as soon as possible to complete the task entrusted to it.

ARTICLE 4 – ORGANISER’S OBLIGATIONS :

For the duration of the mandate, the Organiser undertakes to seek out and implement all the components as defined in the contract. At the Customer’s request, ANEIA EVENTS will hold an initial meeting free of any financial commitment on the part of the Customer. Following this initial meeting, an estimate will be drawn up, listing the reception parameters envisaged by the Customer. The Organiser’s obligations regarding compliance with the criteria may be redefined if more precise specifications are drawn up and accepted by the parties. The Organiser will keep the Customer informed of the progress of his file and will provide him with descriptions of the services selected. The Organiser undertakes not to divulge any information provided by the Customer, which will be kept confidential. Any information gathered in the context of drawing up the specifications may be communicated to the Organiser’s commercial partners, who will be bound by the same rules of confidentiality.

ARTICLE 5 – CUSTOMER OBLIGATIONS :

The Customer shall make every effort to facilitate access to any information that ANEIA EVENTS may require. The Customer undertakes to accept and comply with the special conditions of the selected participants and, in particular, to pay any bond or guarantee that may prove necessary before full payment of the sums due. The customer undertakes not to intervene directly before, during or after the event with suppliers, subcontractors, artists, staff or employees of ANEIA EVENTS.
The Customer undertakes not to take part in any televised games during the event. If this is not the case, the Organiser reserves the right to cancel the management of the event even if this service is signed beforehand.
The Customer undertakes to provide a meal for all the members of the ANEIA EVENTS team present at the event. In the event that the event takes place more than 50 kilometres from the ANEIA EVENTS agency’s head office, the customer undertakes to pay the ANEIA EVENTS agency a flat rate for travel from the 51st kilometre (based on the URSSAF scale) and to provide accommodation on site for the duration of the service (as described in the quote).

ARTICLE 6 – FEES :

The Organiser will receive a fee for its services as defined in the quotation. This fee is valid only for the single study of the Customer’s contract. Travel and accommodation expenses may be invoiced according to the terms defined in the contract. The Organiser reserves the right to increase the fixed price according to the workload induced by the modification of the specifications. However, the Customer remains free to accept or reject the Organiser’s proposals. In the event of refusal of the entire proposed project, the Customer will immediately release the Organiser from any obligation towards him and will not be able to claim, as a result, any reimbursement of all or part of the deposits and fees already paid. The Customer then undertakes to honor his commitments and to pay the corresponding commission. In the event that the Customer withdraws services in relation to the specifications, the Customer is informed that the Organiser’s fees may only be reduced following an agreement, due to the volume of work already provided.
Rates are also subject to change in the absence of confirmation of the reservation by a deposit. The quote drawn up by ANEIA EVENTS is valid until the end of the option date indicated in the quote. Once
this date has passed, the quote becomes null and void. The prices and conditions indicated in the quote are no longer guaranteed and are subject to change. The prices indicated correspond to the prices proposed for the services for the current year and are subject to change without notice.

ARTICLE 7 – PAYMENT TERMS / PAYMENT DEADLINE / DEFAULT OF PAYMENT :

Payment for the services rendered by ANEIA EVENTS agency shall be made exclusively by bank transfer to the account whose IBAN appears on the quote.
Unless expressly agreed otherwise between the Parties, payment for the services provided by ANEIA EVENTS agency shall be staggered as follows:
– Payment of an initial deposit of 40% of the total amount upon presentation of the invoice on the day the quotation is signed by the Customer.
– Payment of a second installment of 40% of the total amount upon presentation of the invoice 6 months before the start of the event covered by the quote.
– Payment of a third installment of 10% of the total amount upon presentation of the invoice within 3 months of the start of the event covered by the quote.
– Payment of the balance of 10% of the total amount upon presentation of the invoice within 5 days of the end of the event.
No discount is accepted for early or cash payment. No withholding, reduction or compensation for payment shall be accepted in the event of a dispute. Unless expressly agreed otherwise by ANEIA EVENTS, invoices are payable on the day the invoice is received by the Customer. Any sum not paid by the due date shown on the invoice shall automatically result in :
– The application of penalties calculated on all sums due at the rate of 5 times the legal interest rate, pursuant to the provisions of the law of 4 August 2008, known as the LME law.
– The reimbursement by the Customer of all costs incurred in connection with the file and the contentious recovery of the sums due, including the fees of judicial officers, bailiffs or authorised legal personnel.
– Immediate payment of all sums remaining due by the Customer on the date on which non-payment is ascertained.
In the event of non-payment, forty-eight hours after formal notice has remained unanswered, the service will be terminated by operation of law by ANEIA EVENTS if it so requires.

ARTICLE 8 – NON-WAIVER CLAUSE :

Under no circumstances may the fact that ANEIA EVENTS refrains from demanding the performance of an obligation to which it may be entitled be interpreted as a waiver on its part of the performance of said obligation, regardless of the duration of its abstention or tolerance.

ARTICLE 9 – LIABILITY :

The Customer is liable for any damage, direct or indirect, that it or the participants may cause during the event. The Customer declares and warrants that they has full legal capacity to enter into the contract and that they holds valid civil liability insurance.
To this end, the Customer undertakes to waive and to have its insurers and/or any guests waive any recourse against the organisers in the event of any of the aforementioned occurrences. ANEIA EVENTS declines all liability for damage of any kind (theft, damage, etc.) affecting goods of any kind (personal effects, equipment, etc.) brought by the Client or belonging to the participants, regardless of where the goods are stored (car park, lounges, etc.).
ANEIA EVENTS will be released from any obligation in the event of a force majeure or fortuitous event (strike, fire, water damage, etc.). Under no circumstances may ANEIA EVENTS be held liable for any direct or indirect prejudice related to the performance of the service(s) provided by the service provider(s) concerned, who shall be solely liable to the Customer. If, after any termination of the contract, the Customer were to carry out or have carried out the event that would have been defined by the Organiser, a sum equal to 50% of the plagiarised project would be due to the Organisation.

ARTICLE 10 – FORCE MAJEURE / FORTUITOUS EVENT :

Any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code, which is beyond the control of ANEIA EVENTS and which prevents the provision of the services sold, shall be deemed to be a case of force majeure or fortuitous event, including but not limited to natural disasters, fires, floods, pandemics, telecommunications blackouts, wars, terrorist attacks, etc. (this list is not exhaustive).

ARTICLE 11 : CANCELATION :

Cancellation by the Customer: in the event of withdrawal, refusal or cancellation by the Customer, the ANEIA EVENTS agency will be released from all obligations towards the Customer and the latter may not claim either the postponement of the event or the reimbursement of sums already paid.
Nevertheless, if a postponement for reasons of force majeure (serious family and/or health reasons) is requested by the Customer only more than 6 (six) months before the date of the event, ANEIA EVENTS will examine the situation on a case-by-case basis. If the postponement is accepted by ANEIA EVENTS, a new quote will be provided to the customer, resulting in additional costs. The sums already paid will be retained by ANEIA EVENTS as compensation and the customer may not claim any refund. A postponement may only take place in exceptional circumstances and only once, subject to acceptance by the ANEIA EVENTS agency. If the postponement is refused by ANEIA EVENTS, the event will be deemed to have been cancelled by the customer.
In the event of cancellation without notice, the ANEIA EVENTS agency reserves the right to request compensation covering the costs incurred by cancellation without notice.
Cancellation fees are as follows :
– between D-Day and D-8 before the date of the event: 100% of the fees due
– between D-9 and D-30 before the date of the event: 80% of the fees due
– between D-31 and D-60 before the date of the event: 60% of the fees due
– between D-61 and 6 months before the date of the event: 50% of the fees due
– More than 6 months before the date of the event: the deposit paid will be retained.
Cancellation by the ANEIA EVENTS agency: If the ANEIA EVENTS agency is unable to carry out specific tasks in the planning of an event due to the Organiser’s illness or hospitalisation, the deferred fees will be refunded and we will do our best to find a substitute for the Event Organiser (another agency and transfer of file).
In the event of cancellation by ANEIA EVENTS of one or more services to be provided to its Client, ANEIA EVENTS is covered by professional liability insurance. It cannot be held responsible for delays in the organization due to force majeure events such as traffic accidents, human accidents, strikes, bad weather, riots or demonstrations.
Cancellation by either party must be made by registered letter with acknowledgement of receipt. The date of dispatch will be taken as the date of cancellation in relation to the above conditions.

ARTICLE 12 – CONFIDENTIALITY AND IMAGE RIGHTS :

The ANEIA EVENTS agency undertakes not to sell, share or disclose the Customer’s personal data to third parties other than for its own use. However, this data may occasionally be transmitted to third parties acting on behalf of and in the name of the ANEIA EVENTS agency or in connection with the activity of the ANEIA EVENTS agency within the framework of the use for which it was originally collected.
The Customer has the right to access and update their personal nominative data, as well as the right to request its deletion, in accordance with the provisions of Law no. 78-17 of 6 January 1978 relating to information technology, files and civil liberties. ANEIA EVENTS undertakes to ensure that the Customer’s personal data is up to date, accurate and complete. The Customer may exercise their right of access or correction by contacting the ANEIA EVENTS agency directly by registered letter with acknowledgement of receipt.
The Customer, without financial or pecuniary consideration of any kind whatsoever, expressly authorizes the ANEIA EVENTS agency or any other entity that may take over the rights of the ANEIA EVENTS agency in the context of a sale, transfer of company shares, takeover, merger or acquisition, and all its beneficiaries: to fix, reproduce, distribute and use their image, in whole or in part, in unlimited numbers, free of charge, throughout the world, in all formats, in colour and/or in black and white, on all known current or future media, and by all current or future means, including on all ANEIA EVENTS branches, on all audiovisual services and all online services on all networks; to distribute their image with the ANEIA EVENTS agency logo. Consequently, the Customer guarantees the ANEIA EVENTS agency against any recourse and/or action that may be brought by natural persons or legal entities who consider that they have any rights whatsoever to assert with regard to the use of the Customer’s image and who may object to the use of the Customer’s image. The Customer acknowledges that they have been informed and accept that the decision whether or not to use their image will be left to the Agency’s discretion. The ANEIA EVENTS agency makes no commitment to use all or part of the images recorded. This authorization is granted for a period of 30 (thirty) years from the date of signature of this agreement, renewable by mutual agreement of the parties, formalized in writing, and shall remain valid in the event of a change in their current civil status.

ARTICLE 13- COMPLAINTS :

Any dispute or claim will only be taken into consideration if it is made by registered letter with acknowledgement of receipt sent to the ANEIA EVENTS agency within a maximum of eight days after the end of the event.

ARTICLE 14: DISPUTES :

Any disputes arising from the contractual relationship between the Customer and the Service Provider must be resolved amicably wherever possible. The mediator for ANEIA EVENTS is the Centre de la
Médiation de la Consommation de Conciliateurs de Justice ( CM2C ) located at 49 Rue de Ponthieu, 75008 Paris, France. If an amicable settlement is not reached within 90 days of the start of the mediation, all disputes related to the Contract, including its validity, interpretation, performance, termination, and their consequences, shall be submitted to the court in Marseille.

ARTICLE 15 : GOVERNING LAW :

This Contract and the operations arising from it are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.