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GENERAL AND SPECIAL TERMS AND CONDITIONS OF SALE AND HIRE - Version dated 24/06/2019
For the purposes hereof:
- “Customer” shall mean the exhibitor, or any contractor duly appointed by the exhibitor, the person who placed the order;
- “Agreement” shall mean, jointly, these general terms and conditions of sale and hire and the purchase orders placed by the Customer in connection with the event to be held on the SITE.
- “Party” or “Parties” shall mean the Customer and the Company individually or jointly;
- “Site” shall mean the site stated on the purchase order, being the site that is to host the event that is the subject of the order;
- “Company” shall mean the company stated on the purchase order, being the recipient of the order;
I. - GENERAL TERMS AND CONDITIONS OF SALE AND HIRE
These General Terms and Conditions of Sale and Hire apply to all orders placed by the Customer for the services offered by the Company.
By placing an order, the Customer expressly agrees to these General and Special Terms and Conditions of Sale and Hire, which prevail over all other provisions, in particular the Customer’s general terms and conditions of purchase, which the Customer expressly acknowledges.
In the event that an order is placed by an agent acting on the Exhibitor's behalf, that agent undertakes to comply with these General and Special Terms and Conditions of Sale and Hire and guarantees that his/her principal will comply herewith.
Article 1 : Orders
1.1. Placing orders
To the exclusion of any other method of placing orders, all orders must be placed:
- wither via the https://viparisstore.com website, hereinafter referred to as “VIPARIS STORE”
- or through an electronic purchase order accessible via the online ordering portal at www.viparis.com/epex;
- or directly at the Site, from the Exhibitor Service teams (paper purchase order or order recorded by a Viparis employee and validated by the Customer)
Where electronic purchase orders are used, the Parties expressly agree to disapply the provisions of Article 1127-1 (1°) to (5°) and Article 1127-2 of the French Civil Code.
1.2. Validity of the order
The Customer undertakes to comply with the deadlines for placing orders as stated on “VIPARIS STORE” and/or the online ordering portal referred to above. If the Customer fails to do so, the order shall be considered late and shall, provided that provision of the service is still feasible, be charged at a higher price.
An order will only be taken into consideration if it is accompanied by:
- the payment of the full amount due (including any surcharge applicable in the case of a late order) or evidence thereof (in the case of a bank transfer), and
- a duly completed site plan for the services to be provided.
For any order placed and paid for online, acceptance by the Company shall be evidenced by an email confirming the technical feasibility of the order and/or available stock.
If payment is not made, and subject to the above provisions, the Company reserves the right not to provide the requested service. The Customer shall alone bear the consequences of any breach of its obligations.
Any change to an order already performed by the Company shall be invoiced at the rate stated in the purchase order.
In general, the Parties expressly waive any unilateral termination option provided for by Article 1226 of the French Civil Code.
1.3. Order cancellation
The Company must be notified of any cancellation of an order in writing (by email or signed PDF letter) no later than ten (10) calendar days before the date of entry onto the premises, save in relation to orders placed at the Site and those relating to parking spaces, which cannot be cancelled. Any cancellation notified after such deadline has passed shall be charged for at the cost of the entire service.
Article 2 : Execution of the order
2.1. Supply of services
Orders are executed based on the information provided by the Customer on the purchase order and the accompanying plan, provided that they comply with the industry standards and security requirements.
The Company reserves the right not to provide the services on the conditions requested by the Customer, if they do not comply with prevailing regulations, the Site’s safety rules or the rules on decoration issued by the Organiser of the event. In such circumstances, the Company shall inform the Customer and the order shall be suspended until the Company receives additional information and the Customer agrees to the necessary changes.
In addition, if the Customer has previously breached any of its obligations under an order (late payment, for example), the Company reserves the right to refuse an order, unless the Customer provides cash payment or satisfactory financial guarantees. No discount for cash or early payment is offered.
2.2 Hiring equipment and furniture
Unless expressly stated otherwise, the execution of any order shall include the delivery any leased property to the exhibitor’s stand and its installation and collection.
The Customer expressly undertakes to ensure that the leased property is used in accordance with its usual purpose, to do nothing or allow anything to be done that may cause it to deteriorate or disappear, to carry out any necessary normal maintenance, and to comply with any specific recommendations and instructions for use provided by the Company, in particular at the time of delivery. The Company shall use its best efforts to rectify any malfunction or technical issue relating to the leased property, unless such malfunction or issue is caused by the Customer. If it is established that the malfunction or issue is caused by the Customer, the Company shall charge the Customer for the cost of its intervention and/or for any repair costs.
Due to the need to keep stock available or due to time constraints, the Company expressly reserves the right to supply any equivalent property in place of the ordered property provided that it meets the Customer’s needs. If the Customer does not wholly or partially refuse the replacement property at the time of delivery or installation, the Customer shall be deemed to have accepted it and shall agree to comply with the resulting obligations.
Unless expressly agreed in advance by the Company, no changes or alterations may be made to the hired property.
2.2.2. Delivery and return notes
Depending on the circumstances, delivery and return notes will be drawn up jointly at the time of delivery and return.
Unless a complaint is recorded on the delivery note or sent by letter or email within 48 hours, the property shall be deemed and accepted as being in a good general condition and compliant with the order; it must be returned in the same condition at the end of the hire period.
2.2.3. IT and/or telecommunications equipment
The IT and telecommunications equipment shall be returned together with all accessories (remote controls, cables, original packaging, etc.) and any documentation initially provided, in any form whatsoever (brochures, user manual, etc.).
The Customer undertakes to inform the Company of any security failure that directly or indirectly affects the Company’s systems and/or IT equipment, together with any complaints it receives from individuals. Such information must be provided as soon as possible and, in any event, within forty-eight hours of the discovery of the security breach or the receipt of a complaint. The Customer undertakes to take all appropriate precautions that comply with best industry practices in relation to the safety of the Company’s systems and IT equipment. The Customer warrants to the Company that the returned equipment does not contain any viruses that may affect the proper functioning of VIPARIS’s equipment and/or IT systems (and/or those of its service providers). In the event that a Virus is discovered and it is proven that it is responsible therefor, the Customer agrees to take all steps, at its own cost, to minimise and negate the effects of such Virus and to indemnify the Company for the amount of any losses that it may suffer as a result of the Virus affecting the equipment.
2.2.4. The Customer represents that it is fully aware and accepts that the Company shall use specialist companies to perform all or part of the services described herein.
Article 3 : Price - Invoicing - Payment
The applicable sales or hire price is stated in the order; the details of what that price includes are stated, on a case-by-case basis, in the Order, which shall constitute a final order.
All prices charged by the Company are exclusive of VAT and shall, in accordance with the laws and regulations applicable to the services, be increased by value added tax at the rate in force on the date of the invoice.
3.2. Increases and/or supplementary invoices
With the exception of orders for parking space, any orders placed on at the Site and/or online and received after the order deadline indicated on “VIPARIS STORE” and/or the online order portal will automatically be increased by the rate stated on “VIPARIS STORE” and/or the online order portal.
All services must be paid for in full at the time of order.
In the event that a supplementary invoice is issued in respect of services, that invoice must be paid within five (5) calendar days of receipt.
3.3. Late payment interest
Any amount due but not paid on its due date shall automatically bear interest at a rate equal to three (3) times the statutory interest rate in force on the due date, and shall be the subject of a fixed debt collection charge of forty (40) euros, without prejudice to any other rights or recourse available to the Company.
3.4. Unforeseeable events
In general, the parties represent that they are assuming all risks associated with a change in circumstances of any kind whatsoever and in any capacity whatsoever during the term of each purchase order, with the terms and conditions (particularly the financial conditions) of such purchase order remaining unchanged, including in the event of an unforeseeable change in circumstances as described in Article 1195 of the French Civil Code, which the parties expressly state shall not apply to the Agreement. Furthermore, the Customer expressly waives any right to reduce the price provided for by Articles 1217 and 1223 of the French Civil Code.
Article 4 : Liability - Insurance
With effect from delivery (and acceptance) of the property and until it is returned, the Customer shall be responsible for its safekeeping pursuant to the provisions of Article 1242 et seq. of the French Civil Code. As such, it is liable for any damage, disappearance and/or loss that may affect that property during the term of hire, as stated in the order, until it is returned, as evidenced, where relevant, by the return slip referred to above being countersigned.
In the event that the hired property is damaged or lost, the Customer shall be liable for the costs of repairing that property or replacing it at the cost of a new replacement item on the date of the incident, as well as for any losses that may result therefrom, in particular as a result of the property being unavailable for hire.
If the Company is liable for the non-performance of all or part of an order, except in the event of gross negligence or wilful misconduct, its liability shall be limited to the cost of the relevant services, to the exclusion of any other damages, which the Customer expressly waives. In addition, the Customer acknowledges that under no circumstances may the Company be held liable for indirect losses, or for any loss of data, files or property, losses arising as a result of interruption or loss of business, loss of profits, loss of image, loss of expected savings or productivity gains or a competitive advantage in connection with the Agreement, or any losses resulting from third-party actions, regardless of the basis of those actions. Furthermore, the Company shall not be liable for any breach of its obligations under the Agreement if such breach results from (i) any act or omission by the Customer, (ii) any act or omission by a third party, including a third-party service provider of the Customer, or (iii) an event of force majeure as provided for in Article 5 below.
Any property that is provided to the Customer shall remain the exclusive property of the Company and/or its partners.
The Customer is required to take out, with companies approved to provide insurance in France, (i) a comprehensive insurance policy covering the hired property, in particular against the risks of theft, fire, explosion, water damage or breakdown of machinery, (ii) a policy covering the financial consequences of any third party liability it may have as a result of personal injury, property damage and intangible losses, consequential and/or non-consequential losses caused to third parties, including the Company, due to the use of the hired property. It must be able to provide evidence thereof at any time at the Company’s request.
Article 5 : Force majeure
If either of the Parties is unable to perform all or part of its obligations under the Agreement due to an event of force majeure as defined in Article 1218 of the French Civil Code and by the French case law of the Cour de Cassation, the terms of this Agreement and, to the extent necessary, the Services in progress, shall be suspended for the period in which performance is impossible, provided it informs the other Party thereof in writing. During this period of suspension, the Party that is not affected by the force majeure event may ask third parties to provide it with the services or goods that it requires; the Party that is affected by the force majeure event shall use its best efforts to remedy the situation within 15 (fifteen) days of notifying the event to the other Party. In the event that performance of the Agreement remains impossible after 15 (fifteen) days have passed since the event, the Agreement may be terminated, without compensation being payable, by the first party to act without formality or notice. The Parties expressly agree that a strike affecting the Service Provider shall not be considered to be an event of force majeure.
Article 6 : Forbearance - Modifications
Any forbearance by the Company in relation to the non-performance or improper performance by the Customer of any of the provisions of the General and Special Terms and Conditions of Sale and Hire shall, in no event, regardless of the duration of such forbearance, give rise to any right whatsoever for the Customer, or modify in any manner whatsoever the nature, scope or performance by the Customer of its obligations.
Article 7 : Reservations
To be recorded and taken into account, any reservations concerning the performance of the services must be made in writing to the Company’s manager before the event is closed to the public. Once the event is closed to the public, the Customer shall be deemed to have tacitly accepted the services without reservation and no reservations shall be validly received after that date.
Article 8 : Personal data
In accordance with the legal provisions relating to the protection of personal data, and in particular those set out in: (i) Regulation (EU) 2016/679 of 27 April 2016 (hereinafter the "GDPR"), and (ii) Law no. 78-17 of 6 January 1978, as amended, on information technology, files and freedoms (hereinafter collectively referred to as the "Data Regulations"). VIPARIS and the Company undertake to comply with the obligations that apply to them in their respective capacities.
It should be noted that the subject-matter of this agreement does not imply that one of the Parties processes personal data on behalf of the other. However, after this document has been signed, each of the Parties may receive or have access to personal data protected by the Data Regulations.
The personal data included in the Agreement, and/or collected during the term of the contractual relationship and/or, more broadly, obtained by the Company (in particular via the Service), shall be processed by the companies in the VIPARIS Group in accordance with Schedule 1 to the Agreement.
Under the Agreement, the information collected by the Company may be processed, in a computerised or other manner, with the Company acting, where applicable, as data controller for the purposes of managing and monitoring the contractual relationship and performing its obligations under the Agreement between the Parties. In this respect, the Company undertakes to comply with the Data Regulations and to ensure that data subjects’ rights of access, rectification, opposition on legitimate grounds and erasure, insofar as the data is not required in order for the Agreement to be performed, right to restrict processing and, where applicable, right to data portability to a third-party service provider, are complied with.
Article 9 : Address for service - Governing law
The Parties choose their respective registered offices as their address for service of documents.
By express agreement between the Parties, the contract entered into as a result of a duly accepted order shall be governed by French law. An English translation of these General Terms and Conditions of Sale and Hire has been produced. However, in the event of a dispute, only the French version shall be used. The Parties shall endeavour to settle any disagreement that may arise between them out of court and as swiftly as possible.
ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE AGREEMENT THAT CANNOT BE SETTLED OUT OF COURT WITHIN ONE (1) MONTH OF ITS OCCURRENCE, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURT IN PARIS, NOTWITHSTANDING THAT THERE ARE MULTIPLE DEFENDANTS, INTERLOCUTORY APPLICATIONS, THIRD PARTY CLAIMS, EMERGENCY PROCEEDINGS, WHETHER PURSUANT TO SUMMARY PROCEEDINGS OR EX PARTE APPLICATIONS.
II - SPECIAL TERMS AND CONDITIONS OF SALE AND HIRE
Article 1 : Definition of “stand”
"Exhibition stands" mean spaces in a particular zone, separated by partitions of any height, preventing free movement between them, accessible by aisles and occupied by legally distinct companies or brands.
Article 2 : Working on utilities distribution networks (electricity, water, compressed air) and the Site's infrastructure
For safety reasons, only persons appointed by the Company are authorised to work on the Site’s electricity, water and compressed air networks.
Similarly, only persons appointed by the Company shall be authorised to work on the Site’s infrastructure (service tunnels, gutters, roofs, outside spaces, ducts and electronic communications cables, sling nets, etc.).
As such, the following are not permitted:
- any drilling to fix devices, to balance and brace equipment on slabs, paving, floors, or on other construction materials;
- any bonding or adhesion of materials to slabs, paving or other construction materials;
- any work to structures.
If this Article is breached, the Company reserves the right to cut the supply of electricity, water or compressed air and/or to immediately remove unauthorised or non-compliant equipment, with the Customer being liable for all costs and adverse consequences of its equipment, without any right of recourse against the Company.
Each electrical connection may only supply one stand (under fire safety standards).
The electrical boxes and cabinets are fitted with a 300 mA differential switch and fuses matching the current used. In the event of overcurrent, the protective device shuts disconnects the power. Boxes containing power sockets are equipped with a 30 mA differential circuit breaker. For safety reasons (personal protection), the power sockets provided by the Company are equipped with 30mA protection for a maximum of 8 sockets. Above 8 power sockets, a second 30 mA protective device must be installed.
Only persons appointed by the Company are authorised to open the boxes and cabinets, which must, for safety reasons, remain accessible at all times to persons authorised by the Company and be out of reach of the public. No guaranteed can be provided against power failures.
The Company does not authorise the Customer to use and/or resort to a generator in the event of a power cut.
A water connection may only supply one stand.
If waste water is dirty or greasy, a settling tank or grease trap is mandatory.
Pools and reservoirs may only be filled and emptied by persons specifically authorised by the Company.
For security reasons, a water connection may only supply two machines less than 3m apart. Above 3m, one connection per machine is mandatory. A discharge pipe may only be connected to a single appliance. Any connection made directly by the Customer or a duly authorised third party must comply with the regulations relating to connections to drinking water networks, in particular with regard to anti-pollution devices (disconnectors).
2.3 Compressed air
The Company supplies compressed air where the stand is located close to a connection box. A supply of compressed air can only supply one stand.
For safety reasons:
> compressed air pipes must not cross walkways.
> a water connection may not supply two machines more than 3m apart. Above 3m, one connection per machine is mandatory.
> hoses should be fixed so as to prevent pipe whip in the event they burst.
The Customer shall be solely responsible for any connection made directly it or a duly authorised third party, and such connection must comply with the regulations in force and be maintained for the duration of the event, at the Customer’s sole expense.
Slinging must be carried out exclusively by persons appointed by the Company and does not include lifting or hoisting.
There are places where slings cannot be used.
The Customer must refer to the rules for the event concerning the height and position of slings.
2.5 Electronic Communications - Internet and Networks
Cable pulling may only be carried out within the Site’s infrastructure by the Company. Likewise, the Company alone is authorised to install satellite dishes on the building's infrastructure.
For optimum performance, a connection may not supply more than four (4) devices. Beyond this, an additional connection is required and must be ordered.
Article 3: Floor loads
The permissible floor loads vary depending on the space. The Customer must contact the organiser of the event, who holds all the necessary information.
Article 4: Car parks - Delivery areas
Important: the Paris expo Porte de Versailles, Paris Nord Villepinte and Paris Le Bourget sites are the only sites with on-site car parks.
Parking spaces for the Paris expo Porte de Versailles, Paris Le Bourget and Paris Nord Villepinte sites are allocated based on availability. With a view to optimally managing the availability of spaces, it is reiterated that orders for spaces may not be cancelled or refunded.
In respect of parking spaces, the Company only provides an entitlement to park and shall not therefore be liable for theft and damage of any kind caused to parked vehicles, or for any property damage or personal injury that occurs in connection with parking.
The provisions of the French Highway Code (code de la route) apply within the Sites. The maximum permitted speed is 20km/h.
Parking on the SITES outside the areas provided and marked for this purpose is prohibited, even for short periods. Stopping vehicles in priority fire and safety lanes is prohibited.
While the event is open to the public, no parking or storage of any kind is permitted in the area surrounding the spaces, in particular in the security areas indicated on the periphery of the buildings.
During assembly and dismantling, access to delivery and logistics areas is restricted to the commercial vehicles and delivery vehicles of exhibitors and of service providers working on their behalf and those of the Organiser. Access is free solely during this assembly and dismantling phase and is limited to the unloading and reloading of vehicles. All utility vehicles that wish to access the sites during the assembly and dismantling phases, as well as for any deliveries that fall outside the activities carried out on the site(s) activity, must register at www.logipass.viparis.com. Vehicles may only be parked in the logistics areas for as long as it takes to load/unload them.
Any vehicle that does not comply with these rules may, for safety reasons, be removed without notice by the Company and moved to a reserved space. The costs of moving and parking the vehicle are borne by the person in breach of the rules and are payable before the vehicle is handed back.
Article 5 : Internet access - wireless network
5.1 : Internet access - WiFi service
The Customer shall access the WiFi service (hereinafter “the Service”) subject to the terms and conditions set out in this document. The Customer undertakes to use the Service in accordance with these provisions, and to refrain from engaging in illegal activities, in particularly gambling, or sending or receiving any message, data, file, content or signal contrary to public order, public decency, any applicable laws or regulations, in particular laws relating to publishing offences, copyright protection on the Internet, the protection of minors, business confidentiality, correspondence confidentiality or privacy on the Internet. If the Customer fails to do so, the Company reserves the right to immediately suspend the Customer’s connection to the Internet, without compensation or notice.
The Company shall not under any circumstances be liable in respect of the data messages, files, content or signals sent or received by the Customer in connection with the Service, or for the unlawful nature of websites and content viewed, consulted or posted online by the Customer, and more generally, for any losses of any type that may be incurred or caused by the Customer in connection with its use of the Service. The Customer shall indemnify, defend and hold the Company harmless against any legal proceedings, action or claims brought by third parties against the Company as a result of the Customer's use of the Service and shall consequently bear all costs, losses and damages (including lawyers' fees) that may result therefrom.
The Customer shall be solely liable for the proper functioning of its terminal installation (cabling downstream of the termination point, IT configuration) and the configuration of its IT equipment to obtain services in accordance with the purchase order.
The Customer represents that it is aware of the technical characteristics and uncertainties relating to response times, downloading, consultation or other transactions carried out on the Internet via the Service, with the very creation of the network preventing the recipient’s bandwidth, the path taken by data or the bandwidth availability being known.
The Customer shall ensure that it complies with any applicable regulations regarding encryption and the confidentiality of correspondence. The Customer is solely responsible for implementing physical and logical security solutions to protect its computer system and content from any fraudulent access or any computer virus. The Customer acknowledge that the Company shall in no event be liable on such grounds. The Customer is also informed that the Service may be affected by nearby equipment that generates electromagnetic interference.
The Company shall use an electronic communications operator, declared in accordance with Article L.33-1 of the French Postal and Electronic Communications Code (the “Operator”), to provide the WiFi Service. In this respect, the Operator is subject to an obligation to store identification and connection data pursuant to Article 6 of Law no. 2004-575 of 21 January 2004 and Article L.34-1 of the French Postal and Electronic Communications Code. In this context, the Operator, or the Company on its behalf, shall collect and retain the technical data defined in Article R.10-13 of the French Postal and Electronic Communications Code, but shall not, however, record the content of the communications.
The Customer is required to inform any user of the WiFi Service made available to it of the rights it has relating to its personal data.
The Customer undertakes to provide this information and the limitations on use to any employee, partner, customer, prospective customer or visitor who may be required to connect to the Internet as part of the Service made available to the Customer.
5.2 : Wireless network
Any installation of a wireless network (such as WiFi, Wimax, Edge, etc.) is prohibited within the site without the Company's express prior permission.
SCHEDULE 1: PERSONAL DATA:
1/ Data Controller
The Data Controllers are: VIPARIS Le Palais des Congrès de Paris, Paris Expo Services, VIPARIS Porte de Versailles, VIPARIS Le Palais des Congrès d’Issy, VIPARIS Nord Villepinte, VIPARIS Le Bourget, VIPARIS SAS, and S.E.S.R, acting as "Joint Data Controllers".
2/ Relevant personal data
The relevant personal data is all the data transferred by the Customer to the Data Controller, including as part of their contractual relationship, and via VIPARIS STORE.
3 / Legal bases
Performance of the Agreement
Legitimate interests of the Data Controller:
(i) maintaining contact and the business relationship with the Customer
(ii) enabling the flow of information between its companies with a view to optimising the management of its Agreements
(iii) defending its interests and ensuring the effective management of its Agreements
Compliance with a legal obligation
4 / Storage period
The Data Controller shall store the data for the term of the contractual relationship and for an additional period of 10 (ten) years. Certain data may also be stored by reference to statutory limitation periods or for the purposes of ongoing litigation.
Any connection logs will be stored for a maximum of 6 months, and cookies wo;; be stored for a maximum of 13 months.
5/ Recipients of personal data
The Data Controller may disclose the personal data:
- to the departments of the Data Controllers required to implement the Agreement;
- to any company in the VIPARIS group;
- to any service provider that works as a data processor and provides general maintenance and support, and/or payment services made available on the Service.
- to any adviser, agent or service provider (including lawyers, notaries, experts, arbitrators and insurers) involved in administering the Agreement, its performance, its translation, where applicable, or in a dispute relating to the Agreement.
6/ Transfers outside the European Union
The personal data of data subjects may be transferred outside the European Union by the Data Controller’s data processor, for maintenance and support purposes. If necessary, such a transfer will be securely transferred via the EU-US Privacy Shield and/or by using the European Commission’s standard contractual clauses.
7/ Rights of data subjects
Data subjects shall have a right to access, rectify, erase and object to or restrict the processing of the data described above, as well as the right to data portability or to exercise any other rights under applicable personal data regulations, by writing to the Data Controller in question at the following address: email@example.com
Data subjects may also contact the French Data Protection Authority (CNIL) at 3, place de Fontenoy 75007 Paris, if they consider that their request to exercise one of the above-mentioned rights has not been properly dealt with or that their personal data has not been processed in accordance with the applicable regulations.