GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE
These General Terms and Conditions of Sale and Service (hereinafter referred to as “GTC”) are systematically provided or delivered to each customer to enable them to place an order. Placing an order implies full and unconditional acceptance of these terms, to the exclusion of all others. Only specific conditions formally accepted in writing by French Riviera Like a Local may prevail over these GTC. Any contrary condition opposed by the customer will be unenforceable against French Riviera Like a Local, unless accepted in writing, regardless of when it may have come to its knowledge. French Riviera Like a Local reserves the right to modify its GTC. The applicable GTC are those in effect on the date of the order placed by the customer. The fact that French Riviera Like a Local does not invoke any of these conditions at a given time cannot be interpreted as a waiver to invoke them later.
After the customer’s needs are expressed, French Riviera Like a Local will issue a purchase order specifying, among other things, the location and, if applicable, the caterer and/or services chosen by the customer, as well as the dates, number of guests, and price. This purchase order is based on the statements made by the customer, who certifies their accuracy. Any additional service requested by the customer during the event or not provided in the purchase order will be subject to additional billing. Transmitting the purchase order to the customer implies a written reservation option for a duration of 15 days. French Riviera Like a Local is only bound by orders placed by its employees upon a written and signed confirmation from its part. The benefit of the order is personal to the customer and cannot be assigned without the agreement of French Riviera Like a Local.
Definitive Nature of the Order
Orders for products or services are only final upon receipt of the purchase order signed by the customer and payment of a 50% deposit, which constitutes the conclusion of the contract, subject to the written and signed confirmation of the purchase order by French Riviera Like a Local.
No modification, cancellation, or resolution of an order requested by the customer can be accepted after the order is confirmed by French Riviera Like a Local, except in cases otherwise specified. In the event of total or partial cancellation of the order, a debit invoice for “cancelled service” will be sent by French Riviera Like a Local to the customer, according to the transmitted purchase order. Any deposit paid by the customer to French Riviera Like a Local will be retained unless otherwise agreed between the parties.
French Riviera Like a Local undertakes to perform the service on the deadline stated in the purchase order and at the location specified by the customer.
In the event of a reschedule for any reason not attributable to French Riviera Like a Local, the deposit paid by the customer will be retained by French Riviera Like a Local. An amount of 8% (eight percent) of the total order will be charged in addition to the initial service as administrative and rescheduling fees.
In the event of cancellation for any reason not attributable to French Riviera Like a Local, French Riviera Like a Local will retain, as operating expenses, the deposit paid by the customer as well as an amount of 15% (fifteen percent) of the total order. In the event of a subcontractor of French Riviera Like a Local cancelling, the company commits to using all necessary means to provide the customer access to the promised services without increasing the price stated in the purchase order.
Specific Pandemic/COVID Clause
In the event of a lockdown imposed by an administrative authority, it is noted that French Riviera Like a Local is solely responsible for the proper execution of the planned services, and therefore cannot be held responsible for any difficulties encountered by the customer in reaching the place of service execution, provided that French Riviera Like a Local is able to provide the sold services and there are no exceptional and unavoidable circumstances occurring at the place of service execution or in its immediate vicinity, which have significant consequences for the contract execution or the customer’s transportation to the place of execution. Furthermore, as the health situation could impact the course of services for several more months, it is possible that access to certain workshops and/or activities originally planned in the contract may not be feasible due to potential government-imposed restrictions. In such cases, French Riviera Like a Local may propose a replacement activity. In the event of the customer’s refusal, the service that couldn’t be provided will be refunded, without the possibility of claiming damages.
French Riviera Like a Local may entrust a third party with the execution of all or part of the material or intellectual service provisions.
Order Termination or Resolution The order can be terminated by the customer by registered letter with acknowledgment of receipt in the event of:
Non-conforming execution of a service not matching the declared service characteristics;
Execution exceeding thirty days from the date set in the purchase order, after previously instructing French Riviera Like a Local, in the same manner and without success, to deliver within a reasonable additional timeframe;
In all these cases, the customer can demand a refund of the deposit paid upon ordering.
French Riviera Like a Local can terminate the order in the event of:
Refusal to execute the ordered service;
Non-payment of the price (or the balance of the price) ten days before service execution.
In these cases, and only in these cases, the deposit paid upon ordering remains with French Riviera Like a Local as compensation.
French Riviera Like a Local shall not be responsible for any obligation of safety towards the customer regarding the services concerning their person or property.
French Riviera Like a Local shall also not be liable for damages caused by a security defect of the service or the equipment used for its execution.
An invoice is issued in accordance with the provisions of Article L. 441-3 of the Commercial Code for each delivery and is delivered at the time of the delivery or upon completion of the service.
Invoices for services are to be settled 10 days before the event, the subject of the order, provided that a 50% deposit has been paid upon signing the purchase order by the customer. Payment is considered received upon the agreed due date, not upon the delivery of a payment method. Any amount not paid by the due date indicated on the invoice will automatically result in the application of the following penalties from the day following the payment date stated on the invoice, without a formal notice being required:
- A lump sum indemnity for collection costs of €40, which may exceed this amount upon presentation of supporting documents by French Riviera Like a Local;
- Penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points, which means for the first half of the relevant year, the rate in force on January 1st of that year, and for the second half, the rate in force on July 1st;
- Late payment interest at the legal rate increased by 5 points, starting from the due date.
Prices are subject to change without notice. However, they are guaranteed for purchase orders that have been confirmed in writing by French Riviera Like a Local.
The parties will seek an amicable agreement before any legal action. ONLY THE COURTS OF THE CITY OF THE LOCAL AGENCY French Riviera Like a Local ARE COMPETENT, EVEN IN CASE OF REFERENCE, to hear all disputes between the parties, unless French Riviera Like a Local prefers to refer the matter to any other competent jurisdiction. The relations between the parties are governed by French law.
Right to Image
The customer authorizes French Riviera Like a Local to capture and exploit, free of charge, photos and videos of the event on all media and in all formats, both in the commercial and non-commercial sector, with the understanding that the customer will be responsible for obtaining image rights from individuals participating in the event, in accordance with the intended captures and uses. This authorization for image capture and exploitation is valid for five years from the end of the contractual relationship between French Riviera Like a Local and the customer.
The liability of French Riviera Like a Local cannot be engaged in the event of non-performance or improper performance of the contract due to the act of its client, an insurmountable and unforeseeable act of a third party to the contract, or a force majeure event. Thus, and notably, French Riviera Like a Local cannot be considered in default if the non-performance of the contract is due to a fire, flood, storm, exceptional weather conditions and a fortiori a state of natural disaster, strike, labor 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 French Riviera Like a Local. In the event of total or partial cancellation of the order by the customer due to a force majeure event, a debit invoice for “cancelled service” will be sent in the conditions specified in the “Order Modification” article. The deposit paid to French Riviera Like a Local will remain due.
Material or Moral Damages
French Riviera Like a Local disclaims all responsibility for material or moral damages that may be caused to participants or their property during the organized event and its aftermath, and no claim or action can be brought against French Riviera Like a Local in this regard, unless proving intentional misconduct or gross negligence on its part.
The customer company is responsible for any direct or indirect damage that it, its employees, or participants may cause during the event and/or its aftermath.
Therefore, you commit to French Riviera Like a Local to take the necessary measures regarding the required coverage.
Under no circumstances will French Riviera Like a Local be held responsible for direct or indirect damages related to the execution of the service provided by the relevant service providers, who will be solely responsible vis-à-vis the customer company.
The customer company agrees to waive and have its insurers and/or any participant, if applicable, waive any claims against French Riviera Like a Local in the event of damage.
In the event of failure to do so, the customer company agrees to indemnify French Riviera Like a Local against any claims and/or demands and agrees to compensate French Riviera Like a Local for any damage, loss, or expenses resulting from such claims and/or demands.
The invalidity of one contractual clause does not result in the nullity of the general terms and conditions of service.
Among other things, French Riviera Like a Local offers its customers advice on event decoration (spaces, colors, materials, lighting, furniture). French Riviera Like a Local commits to a reasonable effort in this regard.
For this purpose, it will make every effort to satisfy the customer, in accordance with the established estimate, by regularly informing them of the progress of its work. Once the purchase order is returned by the customer, they cannot object to French Riviera Like a Local subjective criteria (taste, beauty, comfort, for example) to justify a complete or partial rework of the work performed (including deliverables) or refusal to pay for the services they committed to.
The customer acknowledges that visuals and other documents such as “trend boards” or “inspiration PowerPoint presentations” provided by French Riviera Like a Local are purely illustrative and not binding. They are part of a consulting service that aims to provide ideas and not necessarily represent exactly the decoration that will be put in place.
Personal Data Protection
Data Collection and Processing
In accordance with Regulation 2016/679 of April 27, 2016, relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, French Riviera Like a Local implements a personal data processing with the purpose of sale and implementation of services. Data concerning the user of the website (hereinafter, “the User”) is collected by French Riviera Like a Local. The Data Protection Officer is: Gérald Sisti
French Riviera Like a Local only collects information necessary for processing orders, commercial follow-up of customers and prospects, optimizing its website, and communicating with the User regarding products, services, and promotional offers.
This data may be transmitted, in compliance with legal rules, to the data controller, the marketing services, the IT security services, the sales, delivery, and ordering service, any company within the group to which French Riviera Like a Local belongs, subcontractors involved in delivery and sales operations, as well as 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 located outside the European Union.
When consulting this website, information related to the User’s navigation may be recorded in “Cookies” files installed on their device (computer, tablet, smartphone, etc.). Concerned with serving its customers better, French Riviera Like a Local issues cookies in order to:
- Establish attendance statistics (number of visits, pages viewed, abandonment in the ordering process…) to monitor and improve the quality of its services;
- Adapt the presentation of the website to the User’s display preferences;
- Remember information entered in forms, manage and secure access to reserved and personal spaces;
- Provide the User with content related to their interests and personalize the offers that French Riviera Like a Local addresses to them;
- Facilitate the User’s navigation.
Most cookies are intended to enable or facilitate the User’s navigation and are necessary for the website’s operation.
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 their data;
- When French Riviera Like a Local uses the services of providers to provide User support, advertising, and payment services. These providers have limited access to the User’s data, as part of the execution of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable data protection regulations;
- If the law requires it, French Riviera Like a Local may transmit data to respond to claims against it and comply with administrative and judicial procedures;
- If French Riviera Like a Local is involved in a merger, acquisition, sale of assets, or judicial reorganization procedure, it may have to transfer or share all or part of its assets, including personal data. In this case, Users would be informed before personal data is transferred to a third party.
Transfer of Personal Data
The User authorizes French Riviera Like a Local to transfer, store, and process their information in the countries where it operates. 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 their personal data to the countries in which French Riviera Like a Local operates.
Security and Confidentiality
French Riviera Like a Local implements organizational, technical, software, and physical measures for digital security 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 French Riviera Like a Local cannot guarantee the security of the transmission or storage of information on the internet.
Right of Access and Opposition
In accordance with Regulation 2016/679 of April 27, 2016, the customer has the right of access, rectification, opposition, and erasure of their data, opposition to profiling, limitation of processing, portability, concerning the data concerning them, and can withdraw their consent to processing by sending a request as follows:
- Either by mail: to the address 25 Av Philippe Rochat 06600 Antibes
- Or by email: to the email address email@example.com
To enable French Riviera Like a Local to comply with this, each request must be accompanied by the necessary elements for the sender’s identification: name, first name, email, and postal address.
Evolution of this Clause
French Riviera Like a Local reserves the right to make any modifications to this personal data protection clause at any time.
If a modification is made to this personal data protection clause, French Riviera Like a Local undertakes to publish the new version on its website.
French Riviera Like a Local will also inform Users of the modification by email, 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, they have the option to exercise their right of opposition stipulated in the “Right of Access and Opposition” clause.