GENERAL TERMS AND CONDITIONS OF SERVICE
The general conditions of service described below detail the rights and obligations between Ivory Romance, 880 CHEMIN DE PEIDESSALLE 06560 VALBONNE, Siret 979 998 259 00019, hereinafter referred to as ‘the Provider’ selling the services defined below, and the natural or legal person, hereinafter referred to as ‘the Client’, purchasing one or more of these services via a contract as defined herein.
CONDITIONS OF APPLICATION
These terms and conditions apply to all services provided exclusively by Ivory Romance These terms and conditions are sent to the Client at the same time as the quotation to enable them to make their booking. Any booking therefore implies the Client’s full and unreserved acceptance of these conditions.
In the event of any contradiction between the special conditions appearing in the quotation signed by the Customer and those appearing in these general conditions, only the provisions of the quotation shall apply.
The purpose of these general terms and conditions, the quotation and any appendices hereinafter referred to together as ‘the contract’, is to define the terms and conditions under which the Client books and entrusts Ivory Romance with the organisation of all or part of the event mentioned in the quotation. In the event that service providers presented by Ivory Romance are used, they will inform the Client of their respective terms and conditions when drawing up their quotation, in particular the terms and conditions for booking the service, deposits to be paid…
Article 1. Purpose
Ivory Romance is an event organisation agency that assists couples in the organisation and orchestration of their wedding or civil union celebration. The agency offers the following services:
– Full & partial organisation
– Scenography
– Coordination
– Other life events
The Customer may call upon the Service Provider for one or more of the services offered, however the Customer will enter into a personal and contractual agreement with the service providers involved in the event.
In order to enable the Service Provider to carry out the mission entrusted to it, the Customer undertakes to cooperate in good faith, and in particular to provide it with all necessary assistance, by sending it all useful information and answering the Service Provider’s questions.
As part of its mission, the Service Provider will provide the Customer with the necessary skills and will assure the Customer of its best efforts.
Article 2. Contract
The quotation, together with these general terms and conditions of service, constitutes a proposed contract for which the Customer, or any agent he may appoint on his own behalf, expressly declares that he has the power, authority and capacity required to enter into the contract and to perform the obligations incumbent upon him. This contract proposal is valid for one month from the date it is sent or presented to the Customer. Once this period has elapsed, the prices quoted may be modified and a new quotation will be drawn up by the Service Provider.
The contract is formed and the two parties are bound upon receipt by the Service Provider of the quotation duly dated and signed by the customer, marked ‘Bon pour accord’ (‘Good for agreement’) and a copy of these terms and conditions duly initialled and marked ‘Lu et approuvé’ (‘Read and approved’).
The quotation is inseparable from the general terms and conditions. Acceptance of this quotation implies the customer’s full and unreserved acceptance of the general terms and conditions.
The contract is governed, interpreted and executed in accordance with French law.
Article 3. Withdrawal period
In accordance with the provisions of article L221-18 et seq. of the Consumer Code, and in the case of a distance sale to a non-professional, the customer has the option of cancelling the contract by registered letter with acknowledgement of receipt within 14 days of the formation of the contract. If this period normally expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Before expiry of the withdrawal period provided for in Article L221-18, the Customer may not demand or obtain from the Service Provider, directly or indirectly, for any reason or in any form whatsoever, any consideration whatsoever or any commitment whatsoever, or perform services of any kind whatsoever.
Article 4. Fees and terms of payment
In order to be taken into account, any reservation of the Service Provider’s service(s) must be accompanied by the payment of an initial deposit as set out in the quotation.
Payment for services shall be made exclusively in euros, regardless of the Customer’s nationality or country of residence. :
– By bank transfer to the bank details provided by the Service Provider,
– or by cheque made payable to Caroline Huet.
Payment for the services shall be made in the following instalments (unless the quotation specifies otherwise):
30% deposit on signing the contract
the remainder according to the current contract
The reservation is confirmed once the first deposit has been received and effectively cashed. The Client will receive an acknowledgement confirming that the booking of the service(s) from the Service Provider has been confirmed. In the absence of effective payment of the first instalment, the booking is automatically cancelled and Ivory Romance is immediately released from all obligations towards the Client.
If the Client pays the first instalment without sending the signed contract, this will be deemed to have been accepted by the Client. If the Client sends the signed contract without proceeding with payment, this will be deemed to have been accepted.
Article 5. Cancellation
In the event of late payment, The Green Wedding Co. will apply a fixed penalty for collection costs of 40€ in accordance with article L.441-3 of the French Commercial Code.
All cases of withdrawal or cancellation due to the Client outside of the withdrawal period and for whatever reason, excluding causes resulting from force majeure, immediately release the Provider from any obligation towards the Client who may not claim either the postponement of the event to another date or the reimbursement of sums already paid. The Provider will retain these sums as irreducible contractual compensation for cancellation.
In the event of cancellation by the Customer for any reason whatsoever, with the exception of force majeure, less than 3 months before the event, the full fee will be payable.
Article 6. Payment terms
Invoices are payable in cash on receipt by the Customer.
Article 7. Discount conditions
No discount is granted for early payment.
Article 8. Cancellation clause
If, within 15 working days following a reminder sent by registered letter with acknowledgement of receipt – equivalent to a formal notice – for late payment with or without late payment penalties, the Customer has not paid the sums still due, the contract is automatically terminated and the Service Provider is immediately released from all obligations towards the Customer. The period runs from the first presentation of the letter.
Article 9. Conduct of the assignment – Obligations of the Service Provider
The Service Provider’s assignment will begin on the day the booking is validated and will end on the evening of the event or, in the case of the Provider Search service, when the Provider or solution proposed by the Service Provider is accepted by the Customer.
This is not a full-time service. The Service Provider will provide the Customer with all the resources it deems necessary to carry out its mission. Certain resources may entail an additional financial cost. If the Customer refuses to pay this additional fee, the Service Provider shall not be held liable if the stated quality of the service is not met.
The Service Provider is obliged to inform the Customer as soon as possible in the event of a force majeure event preventing it from performing all or part of its contractual obligations.
The venue for the service must be open at least two and a half hours before the start of the celebration, this period being extended to one day in the case of decoration services.
Article 10. Obligations of the Customer
The Customer has a duty of loyalty to the Service Provider to enable the latter to advise and serve the Customer to the best of its ability.
The Customer is obliged to hold valid civil liability or professional liability insurance in its own name or by delegation; consequently, the Customer undertakes to waive and to have its participants or insurers waive any recourse against the Supplier in the event of the occurrence of any of the events referred to in Article 12 hereof.
The Customer is obliged to inform the Service Provider as soon as possible in the event of a force majeure event preventing it from performing all or part of its contractual obligations.
Article 11. Guarantees
Due to the type of services offered by Ivory Romance, the Provider is subject to a best effort obligation.
The Provider undertakes to keep the Client informed of the progress of the service by providing regular reports by email, telephone, Skype or in person.
In the event that the Service Provider is unable to meet its commitments, it undertakes to offer the Customer an equivalent solution. If a satisfactory solution is not found, the Service Provider will be obliged to reimburse the Service.
Article 12. Liability
The liability of each of the parties is limited to the commitments entered into by them under the terms of the contract; consequently, the Service Provider may not be held liable in particular in the event of direct or indirect prejudice linked to the intervention outside the contract of one or more service providers.
Where the Service Provider acts as an agent between the Customer and the service providers providing the service, the Service Provider cannot be held liable under any circumstances for any direct or indirect loss or damage arising from the performance of the service provided by the service provider concerned, which is solely liable to the Customer under its own terms and conditions.
Neither party can be held liable for the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of service if the non-performance or delay is the result of an act of God or force majeure as defined in article 13 hereof.
Ivory Romance cannot be held liable in the event of the following:
-Theft, loss of funds and valuables belonging to the Client or participants during the Event;
-Personal injury or material damage suffered by the Client or the participants during the intervention of one or more service providers under the terms of the contract;
-Strokes or injuries that the Customer or participants may cause to themselves or to others as a result of fights or accidents, whether or not caused by alcohol or drugs;
-Damage, direct or indirect, of any nature whatsoever, likely to affect objects or equipment deposited by the Customer or participants during the event;
-Damage, direct or indirect, of any nature whatsoever, that the Customer or the participants may cause to one or more service providers or their employees working under the contract;
-Damage caused by the Customer or the participants to the materials, equipment and/or premises of one or more service providers working under the contract.
Any repairs or reimbursements that may become necessary as a result of the aforementioned damage will be the sole responsibility of the Customer, who undertakes to bear the cost of restoring the damage.
The Service Provider may not be held liable for its services accessible via the Internet and does not exercise any control whatsoever over the nature or characteristics of the data which may transit via its server centre.
Article 13. Force Majeur / Acts of God
A case of force majeure or fortuitous event is any external, unforeseeable and irresistible event within the meaning of Article 1218 of the French Civil Code, which is beyond the control of the Service Provider and which prevents the provision of the services sold, including, by way of example, acts of public nuisance, hostilities, wars, natural disasters, fires, floods, blocking of telecommunications, terrorist attacks, etc. (this list is not exhaustive). (This list is not exhaustive).
Article 14. Jurisdiction / Applicable Law
For all disputes relating to sales made by Ivory Romance and with regard to the application or interpretation of these general terms and conditions of service, and in the absence of an amicable resolution, only the Commercial Court and the High Court of the place of jurisdiction shall have jurisdiction. Only French law is applicable.
Article 15. Publication / Advertising
The Provider may reproduce or distribute all or part of the event data in the commercial presentation of its company. Photographs and videos relating to the Event, which have been transferred to the Service Provider on a temporary or permanent basis by the Customer, are deemed to be Event data. The Customer hereby acknowledges that he/she is transferring the rights pertaining to the event data and expressly authorises their publication on the Internet or on advertising media within the meaning of article 9 of the French Civil Code and related case law, in particular image rights.
The Customer declares that he/she has been informed of the provisions of paragraph 1 of this article and that he/she has the option of refusing any publication and transfer of rights to the Event data by writing the words ‘Read and approved, refusal of publication and transfer of rights’ on the copy of the present document included in the contract.
Article 16. Protection of personal data
The information requested from the Client is necessary for the processing of the order and the provision of the service and will, where applicable, be communicated to the service provider(s) responsible for the provision of the service. It may also be used to get to know the Client better and to adapt Ivory Romance’s offer to the Client’s needs.
In accordance with the law n°78-17 of 6th January 1978 relating to information technology, files and civil liberties, the processing of personal information collected will be subject to a declaration with the Commission Nationale de l’Informatique et des Libertés (French National Commission for Information Technology and Civil Liberties). Customers have the right to access, modify, rectify and delete data concerning them. To exercise this right, the customer must send an e-mail to the following e-mail address hello@ivoryromance.com or a letter to the address given at the top of these general terms and conditions.
