General conditions of sale
GENERAL CONDITIONS OF SALE AND RENTAL
These general terms and conditions of sale and rental (hereinafter the " GTC ") govern the contractual relations between the individual company " In'Oui ", registered under SIRET number 81212358600040, whose head office is located at 2, rue du Rhin Napoléon - 67000 Strasbourg, represented by Mrs. Soanna Zerig (hereinafter " In'Oui ") and its customers (hereinafter individually the " Customer ") in the context of the performance of In'Oui's services as defined below. In'Oui and the Customer are hereinafter jointly referred to as the " Parties ".
Article 1 – NATURE OF SERVICES AND ORDERING PROCESS
As a "proposal planner" , In'Oui provides complete "turnkey" marriage proposal organization services (hereinafter the " Services ") as detailed on the In'Oui website accessible at www.inouistrasbourg.fr ( hereinafter the " Site "). In'Oui also offers for rental for a period of 24 hours giant illuminated letters as detailed on the Site and is responsible for the delivery, installation and uninstallation of said letters in the location designated by the Client (hereinafter the " Rental ").
The Customer has the possibility of placing his order on the Site (hereinafter the “ Order ”) by selecting (i) one of the Services offered and all the required options and/or (ii) the giant letters subject to the Rental, and by indicating the desired date of the event subject to the Services or the Rental (hereinafter the “ Event ”).
To validate the Order, the Customer must pay a pre-authorized deposit on the Site using his bank card, equivalent to 30% of the price of the Order and debited only after signing all contractual documents. An invoice corresponding to the price of the Order is sent to the Customer (hereinafter the " Invoice ").
For the Services: Following the Order on the Site, an interview, free of any commitment, is organized between the Parties to validate the date and time of the Event, as well as the options chosen (which can thus be modified if necessary and give rise to a modification of the Invoice). This interview gives rise to the establishment by In'Oui of a specification summarizing the details of the Services (hereinafter the " Specifications ") sent to the Client with the other contractual documents for signature.
For Rental: In addition to the aforementioned deposit, the Customer will be asked to pay a deposit equivalent to three times the amount of the Rental by bank imprint or check.
In the event of an order on site at the In'Oui premises during a face-to-face appointment, the Order will be created directly by In'Oui on the Site and the Customer will pay the aforementioned deposit by credit card or any other means of their choice. The Invoice will mention the method of payment used. The contractual documents will be signed on site.
The Parties may also agree on other forms of personalized services such as in particular the search for service providers, location or assistance with decoration, and which are the subject of a quote (hereinafter the “ Quote ”).
Article 2 – SIGNATURE OF THE CONTRACT
The Invoice, the Specifications and the General Terms and Conditions and/or, where applicable, the Estimate, as well as any amendments signed between the Parties, form the contract binding the Parties (hereinafter the “ Contract ”).
By signing electronically or on site, the Invoice, the Specifications, the General Terms and Conditions and/or the Estimate which form an indivisible whole, the Client acknowledges having fully understood and accepted all of the terms.
Signing the Contract constitutes an order for the Services and authorization to debit the deposit. It is the necessary prerequisite for any start of execution of the Services.
In the event of a contradiction between the General Terms and Conditions, on the one hand, and the Specifications or the Estimate, on the other hand, the latter document shall prevail.
Any modifications to the Contract will be the subject of an amendment duly signed by the Parties.
Article 3 – OBLIGATIONS AND RESPONSIBILITY OF IN'OUI
During the term of the Contract, In'Oui undertakes to fulfill the mission entrusted to it in accordance with the Estimate or the Specifications.
In'Oui declares and guarantees that it has taken out an insurance policy covering its professional civil liability in the context of its activities.
For the execution of the Services, In'Oui may call upon third-party service providers duly validated by the Client and mentioned in the Specifications or the Estimate.
In'Oui may not be held liable under any circumstances for direct or indirect damages related to the performance of the services provided by the third-party service providers concerned, who are solely liable to the Customer. Similarly, in the event of failure by one of the third-party service providers, In'Oui may not be held liable under any circumstances. The Customer may take legal action directly against this defaulting service provider in the event of non-performance or poor performance of the obligations imposed on it.
In such a case, In'Oui will endeavour to compensate for the failure of said defaulting third-party service provider by planning an alternative scenario in advance. This obligation is analysed as an obligation of means.
Conversely, in the event of non-payment by the Customer to the third-party service provider, if such direct payment is required, In'Oui cannot be held liable either by said service provider or by the Customer in the event of an exception of non-performance raised by said service provider.
In'Oui declines all responsibility for damage of any nature whatsoever affecting property of any nature belonging to the Client or to guests, whether for its own service or those carried out by its partners.
In accordance with current French legislation, In'Oui will be released from any obligation in the event of force majeure or unforeseeable circumstances (strike, fire, water damage, bad weather causing the cancellation of a service, etc.).
The Site may contain a certain number of hypertext links to other sites (partners, information, etc.) set up with the authorization of the owner of the Site. However, In'Oui does not have the possibility to verify the content of third-party sites visited and therefore declines all responsibility for this fact with regard to the possible risks of illicit content.
Article 4 – CUSTOMER OBLIGATIONS
4.1. Services:
The Client undertakes to communicate all information necessary for the proper performance of the Services by In'Oui.
The Client undertakes to accept and comply with the specific conditions of the selected third-party service providers and, in particular, to pay any deposit, security deposit or guarantee that may prove necessary before full payment of the amounts due. The Client undertakes not to intervene directly or indirectly before, during and after the Event that is the subject of the Services, with suppliers, subcontractors, artists, staff and/or collaborators of In'Oui.
The Client is liable for any damage, direct or indirect, that he or the participants may cause during the Event. The Client declares that he has full legal capacity to enter into a commitment under the Contract and that he or she holds valid civil liability insurance. To this end, the Client undertakes to waive and have his or her insurers and/or any guest, where applicable, waive any recourse against In'Oui in the event of the occurrence of any of the aforementioned events.
For all external services, dependent on the weather, the Client undertakes to do everything possible to develop an alternative scenario inside such as providing (if possible) a covered location in anticipation of bad weather for the smooth running of the request or accepting an alternative scenario depending on the possibilities available to In'Oui.
The development of this alternative indoor scenario for outdoor services is a sine qua non condition for the validation of the Contract.
4.2. Location:
The Customer undertakes to comply with the prerequisites and technical instructions provided by In'Oui for the proper functioning of the rented equipment. In the event of bad weather, the Customer shall refrain from using said equipment outdoors and shall take all necessary precautions in this regard.
The Customer is required to protect the giant illuminated letters subject to the Rental against any damage. He undertakes to return them in their original condition. In the event of any damage, the repair or replacement costs will remain his responsibility and In'Oui reserves the right to directly deduct said costs from the deposit paid by the Customer for this purpose.
Article 5 – PRICE
The prices as appearing on the Site are indicated in euros (all taxes included) and are payable exclusively in this currency regardless of the nationality of the Client, unless otherwise indicated in the Specifications or the Estimate.
They correspond to the prices of the various Services or Rentals described and are only valid for these on the date indicated.
Prices are increased by taxes at the rate in effect on the invoice date. Fees received for Services or Rentals are valid for services in Strasbourg and the surrounding area (within a radius of 30 km) and for rentals in Strasbourg and the surrounding area (within a radius of 20 km). In the context of a Service or Rental outside this area, travel and/or accommodation costs, where applicable, will be invoiced in addition and paid by the Client upon presentation of supporting documents.
It is specified that any additional hour started beyond the duration of the Event as mentioned in the Specifications or the Estimate, will be invoiced to the Client at the price of €40 including tax.
Article 6 – PAYMENT TERMS – WITHDRAWAL
To be taken into account, any reservation of Services must be accompanied by the payment of a deposit pre-authorized on the Site when ordering and debited on the date of signing the Contract.
This deposit amounts to 30% of the total fee of In'Oui for the Services. The reservation is acquired after receipt and actual collection of this deposit.
In the event of a contract concluded remotely, the Customer has a withdrawal period of 14 (fourteen) days as provided for in Article L.221-18 of the Consumer Code.
To exercise his right of withdrawal, the Customer may use the standard form reproduced in the appendix to the General Terms and Conditions.
Following receipt of the deposit, the Client receives an acknowledgement confirming the validation of the reservation of the Services.
In the absence of actual payment of said deposit or in the event of withdrawal by the Customer within the legal period of 14 days following payment of this deposit, the reservation is automatically cancelled and In'Oui will be immediately released from all obligations towards the Customer, subject to reimbursement to the Customer of his deposit within 14 days from the withdrawal.
In the event of withdrawal by the Customer beyond the legal withdrawal period, the Customer will not be able to claim reimbursement of the sums already paid, which In'Oui will retain as contractual compensation for the termination of the Contract.
Payment of the remaining balance corresponding to 70% of the total amount of the Services or Rental must be made no later than 1 (one) week before the execution of the Services or Rental listed in the Quote. Failing this, In'Oui reserves the right to cancel the Services or Rental and to retain the deposit paid as a penalty.
In the event of a contract concluded remotely, less than 15 days before the start of the Event, the 30% deposit (or the 70% balance if the order is placed less than 8 days before the start of the Event) must be paid when ordering and the Customer will not benefit from the aforementioned right of withdrawal, in accordance with the provisions of Article L221-28, 1° of the Consumer Code which provides that the right of withdrawal does not apply to the "provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional" . Also, the Customer must give his prior and express consent for the performance of the Contract by In'Oui before the end of the withdrawal period and acknowledge the loss of his right of withdrawal.
Article 7 – CANCELLATION OF THE EVENT
In the event of withdrawal, refusal or cancellation by the Client beyond the legal withdrawal period, In'Oui will be released from any obligation towards the Client and the latter will not be able to claim either the postponement of the Event to another date, nor the reimbursement of the sums already paid and retained as irreducible contractual termination compensation.
Article 8 – CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
In'Oui undertakes not to disclose the information provided by the Client during the conclusion and execution of the Contract, which will be kept confidential.
Any information collected as part of the establishment of the Specifications may be communicated, for the sole purposes of the execution of the Services, to In'Oui's commercial partners, who will be bound by the same confidentiality rules.
This information collected from the Client is collected and managed by In'Oui and is subject to processing for the following main purposes:
- response to contact and quote requests;
- management of Services;
- management of invoicing and payments.
The Client's personal data is stored with all appropriate physical, technical and organizational measures to ensure its security and confidentiality in order to protect it against any loss, accidental destruction, alteration and unauthorized access.
The personal data disclosed by the Client will be kept by In'Oui and/or its business partners for the time necessary to manage and process the file and will be archived for a reasonable period.
In accordance with the General Data Protection Regulation No. 2016/679 (GDPR) and Law No. 78-17 of January 6, 1978 known as "Informatique et Libertés", the Client has a right of access, rectification, opposition, deletion, portability and limitation of data concerning him and which he can exercise with In'Oui by email at the address contact@inouistrasbourg.fr or by post to the aforementioned address.
In the event of a complaint against the Service Provider, the Client may contact the National Commission for Information Technology and Civil Liberties (CNIL).
Article 9 – RIGHT TO IMAGE
The Client authorizes, free of charge, to fix, reproduce, distribute and/or use his/her image and/or voice during the Event and/or during its preparations, throughout the world, in whole or in part, in all formats, in color and/or in black and white, on the Site and/or the social networks of In'Oui and/or on all presentation documents (catalogues, flyers, etc.), for strictly promotional purposes, for a period of 10 (ten) years from the capture of the image and/or voice of the Client (photographs, videos, etc.).
Article 10 – MEDIATION
After prior written action by the Customer towards In'Oui and in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may contact, free of charge, the mediation body to which In'Oui has adhered and whose contact details will be sent to him upon request, for any consumer dispute for which amicable settlement has not been successful.
Article 11 – APPLICABLE LAW – COMPETENT COURTS
The Contract is governed by French law.
In the absence of an amicable settlement, any dispute relating to the validity and/or interpretation and/or execution of the Contract will be submitted to the competent courts of the defendant's domicile, it being specified that the Customer, as an individual, may refer the matter to the court of his place of domicile.
Article 12 – ELECTRONIC SIGNATURE
The Contract is signed by each of the Parties using an electronic signature process in accordance with Article 1367 of the Civil Code. In accordance with paragraph 4 of Article 1375 of the Civil Code, the Contract is established in a single original digital copy, a copy of which will be delivered to each of the Parties.
The Parties undertake to take all appropriate measures to ensure that the electronic signature of the Contract can only be affixed by their respective legal representative or by any person duly authorized for this purpose.
The Parties acknowledge that they are proceeding with the electronic signature of the Contract with full knowledge of the technology implemented and the terms thereof, and consequently waive the right to challenge, in the context of any claim and/or legal action, the reliability of said electronic signature solution and/or the manifestation of their desire to enter into the Contract in this capacity.
APPENDIX
Withdrawal form
For the attention of In'Oui, Mrs. Soanna ZERIG, 2, rue du Rhin Napoléon – 67000 Strasbourg or by email at contact@inouistrasbourg.fr.
I/we hereby notify you of my/our withdrawal from the contract for the provision of the services below:
Contract signed on:
Customer Name:
Customer Address:
Signature of the Client (only if this form is notified on paper):
Date :