Terms and Conditions of Sale and Rental
1. ADHERENCE TO THE GENERAL TERMS AND CONDITIONS OF SALE OR RENTALThese general conditions of sale or rental (hereinafter "these Terms and Conditions") are applicable to all customers (hereinafter "Exhibitor (s)") considering or according to placing one or more orders for products in the context of the website shop sommet-elevage.plateforme-exposant.com (hereinafter "Exhibitor’s Area").
The "Exhibitor's Area" refers to the website published to put the Exhibitors in contact with the suppliers of products appearing in the shop of the website sommet-elevage.plateforme-exposant.com. The "Exhibitor Service" refers to the customer support service designed to assist Exhibitors placing one or more orders for products in the context of the website shop. sommet-elevage.plateforme-exposant.com. For the online publishing of the Exhibitor’s Area and the services of the Exhibitor Service, and unless otherwise specified, it is understood that SOMMET DE L'ELEVAGE SAS, whose registered office is located at 17, allée Evariste Galois 63170 Aubière, registered with the RCS of CLERMONT-FERRAND under the number APE 8230Z, as more fully described in the legal notices of the Exhibitor’s Area.
When accessing the Exhibitor's Area, the Exhibitor undertakes to read these General Conditions. Any modification or reservation made by the Exhibitor in any way whatsoever to any of the provisions of these General Conditions will be considered null and void.
2. PURPOSE OF ORDERS
In accordance with the Law relating to Consumption of 17 March 2014 (known as the "Hamon Law") and the provisions introduced by this Law in Article 441-6 of the Commercial Code, the present General Conditions constitute the starting point but also the "unique basis" of the commercial negotiations. Any order within the framework of the Exhibitor's shop implies the total and entire adhesion of the Exhibitor to the present General Conditions and entails a waiver on the part of the Exhibitor to avail himself of any other document to the contrary and, in particular, of his own general or particular conditions of purchase. The benefit of one or more orders placed within the framework of the Exhibitor's Area is personal and may not be transferred except by special prior agreement.
In order for the order placed in the Exhibitor's Area shop to take effect, it must be obligatorily validated by the complete collection of its payment in full, according to the payment possibilities offered online. In case of payment by cheque or bank transfer, the order placed will only take effect after full cashing of the cheque or bank transfer in full. The sale or, as the case may be, the rental will only be considered final after confirmation by e-mail of the validity of the order with its cashing. As long as the confirmation by e-mail of the validity of the order with its payments has not been made, Exhibitor Services is free to reject the order, in whole or in part, without the Exhibitor being able to claim any compensation for any reason whatsoever.
Any electronic validation of documents, forms or orders by the Exhibitor by means of a validation click - without the need for a paper edition or the apposition of a handwritten signature - will be proof of the Exhibitor's identity and of his signature constituting acceptance without reservation on his part of the content to which the validation click relates, under the terms of a proof agreement between the Exhibitor Service and the Exhibitor under the present General Conditions and the provisions of article 1368 of the Civil Code.
3. MODIFICATION OR CANCELLATION OF ORDERS
As from the confirmation by e-mail of the validity of the order, the Exhibitor is deemed to accept and subscribe to the obligations arising therefrom, except for the following conditions for (i) modification or (ii) withdrawal of an order after confirmation by e-mail of the validity of the order with its receipts:
- The total or partial modification of an order placed by an Exhibitor in the Exhibitor’s Area shop in order to be taken into account must be sent in writing, including fax or e-mail, to the attention of Exhibitor Services and received no later than 8 days after receipt of the confirmation by e-mail message of the validity of the order. In case of modification of the initial order, Exhibitor Service is released from any commitment related to the initial order and the Exhibitor agrees to bear all costs and possible additional costs resulting from the modification of the initial order.
- The total or partial cancellation of an order, before the order deadline, entered in the Exhibitor’s Area shop, except in the event of withdrawal of participation or non-occupation of the stand by the Exhibitor for any reason whatsoever, will be subject to a refund to the Exhibitor with a deduction of 15% (fifteen percent) of the amount (excluding taxes) of the order (or, as the case may be, of the orders and in all cases, excluding bank charges) intended to cover the management costs by Exhibitor Services of the cancellation. If the cancellation occurs after the order deadline, Exhibitor Service reserves the right to withhold a value equal to half the amount excluding VAT (excluding taxes) of the order(s) entered in the Exhibitor’s Area shop. Any cancellation notified after the deadline will be subject to full payment of the totality of the order. Beyond all deadlines, if the cancellation occurs after the validation of a "voucher to be drawn" by the Exhibitor, Exhibitor Service reserves the right to retain a value equal to half the amount before tax (excluding VAT) of the order or orders entered in the Exhibitor’s Area shop. In the event of withdrawal or non-occupation of the stand by the Exhibitor for any reason whatsoever, if the Exhibitor wishes to cancel his order, Exhibitor Service will issue a refundable credit note for an amount equivalent to 50% (fifty percent) of the amount excluding tax (excluding VAT) of the sums paid and/or remaining due partially or totally for the order; if the Exhibitor wishes to be exempted from this deduction of 50% (fifty percent) of the amount before tax (excluding taxes) of the sums paid and/or remaining due partially or totally for the order, subject to the condition that the cancellation of the said order does not take place a posteriori to the validation of a "ready for press" by the Exhibitor, Exhibitor Service will issue a non-refundable credit note for an amount equivalent to the amount (excluding tax) of the sums paid for the order minus a deduction of 25% (twenty five percent) of the amount (excluding tax) of the order, intended to cover the management costs by Exhibitor Service of the cancellation and taking the form of a purchase credit valid for a future edition of the event. If the Exhibitor finally decides not to use this purchase credit for a future edition of the event, Exhibitor Services will issue a refundable credit note for an amount equivalent to the amount excluding tax (excluding VAT) of the sums paid for the order less a deduction of 25% (twenty five percent) of the amount excluding tax (excluding VAT) of the order to cover the management costs by Exhibitor Services of the final cancellation.
Most of the products in the Exhibitor's Area shop are for hire, except for those indicated by the "For sale" sticker. The presentation of each product in the Exhibitor's Area shop gives an idea of its main characteristics. The plans, drawings or possible graphic representations are only indicative. The Administrator of the Exhibitor's Area reserves the right to withdraw a product from the Exhibitor's Area shop at any time. In the event of a product being out of stock or any other constraint related to deadlines for the supply of a product, the Exhibitor accepts any equivalent replacement product that may have similar characteristics. Replacement by an equivalent product with similar characteristics will be deemed to be the supply of a compliant product, without any obligation to reimburse or compensate for the order in the absence of total or partial refusal by the Exhibitor expressed at the time of delivery.
Any dispute about the quality or quantity of products rented or sold must be brought to the attention of the Exhibitor Service in writing, including fax or e-mail, and received no later than 24 hours after delivery. Failing this, no dispute will be accepted.
All rented products can only be used with the agreement of the Exhibitor Service. No modification or transformation (presentation, power supply, water, etc.) may be made to the rented products, unless special prior agreement has been given by Exhibitor Services.
5. BILLING AND PAYMENT TERMS
All prices indicated in the Exhibitor's Area shop are expressed in €uros on a tax-free basis. In accordance with the legal and regulatory provisions applicable to the supply of products, the prices will be increased by the value added tax at the rate in force and any additional taxes. The products ordered in the basket are to be paid only in €uros and for the total amount of the online invoice. Exhibitors who are nationals of the EC (Europe) must comply with the EU rules for VAT declaration in their own country. According to French law, certain products or, as the case may be, certain services, are subject to mandatory VAT. For rentals, prices are exclusive of tax and include delivery, installation, provision for the duration of the Event and the collection at the close of public access to the Event (trade fair, congress, or other event), according to the rates displayed in the Exhibitor’s Area shop. For sales, the prices of the products are exclusive of tax, delivered to the place of the event (trade fair, congress or other event), and exclusive of insurance, according to the rates displayed in the Exhibitor's Area shop. For services, our prices do not include taxes, insurance, exceptional handling and include delivery, installation, provision for the duration of the event and the collection at the closing of the public accesses of the event (trade fair, congress or other event). This information relating to the closing of the public accesses of the event (trade fair, congress, or other event) is included in the general online information of the event.
The Exhibitor can consult and print invoices in electronic format (PDF) in the menu My Orders / My Invoices. Acceptance of these General Terms and Conditions implies unreserved acceptance as proof of the invoices issued online in PDF format.
Whatever the method of payment chosen by the Exhibitor, the totality of the payment must be made at the latest on the date mentioned on the invoice. The Exhibitor is responsible for any transfer or conversion charges in euros and is obliged to do so. In the event of late payment of an invoice, the Exhibitor will be liable for the penalties provided for in the Commercial Code, namely 2% of the amount invoiced per month of delay and a fixed penalty of 40 euros per invoice, without prejudice to any other right or recourse available to the Exhibitor Service. In this context, Exhibitor Services reserves the right to interrupt the Exhibitor's access to and use of the services of the Exhibitor’s Area. This interruption shall in no case constitute a fault attributable to Exhibitor Services.
6. DELIVERY AND TRANSPORT
The products ordered in the Exhibitor's Area shop are in principle delivered - unless otherwise specified - by the supplier or a carrier no later than the day before the event (trade fair, congress or other event). The products ordered may be delivered in one or more instalments depending on the order in which the orders arrive, the specific nature of the products ordered or the available stocks. It is the responsibility of the supplier or the carrier to make or have made the delivery and the Exhibitor has no recourse against Exhibitor Service in the event of late delivery or defect of the products transported. It is the responsibility of the Exhibitor to check the conformity of the products received at the time of delivery and to inform the Exhibitor Service in writing, including fax or e-mail, of any defect in the products transported (anomaly, damaged product, etc.). The absence of reservations reported in writing, including by fax or e-mail, to the attention of the Exhibitor Service and received no later than 6 hours after delivery of the rented or sold product, will be deemed to be acceptance in conformity, without missing product and with acceptance without defects or faults and in good working order or service of the products ordered and delivered. In the case of rental and unless otherwise specified beforehand, the products must be returned to the Exhibitor's stand on the day of the end of the event (trade fair, congress or other event), in the same quantity as the order and in good working order or condition. Any handling not foreseen by the Exhibitor in relation to the place of delivery or return, as well as any delay or waiting period due to the Exhibitor for reception or delivery will result in additional invoicing.
7. OBLIGATIONS OF THE EXHIBITOR
In case of rental, the Exhibitor is responsible for the rented product from the time of delivery until the time of return. Throughout the rental period, the rented products must be used in accordance with their destination. During the entire rental period, the Exhibitor undertakes not to do anything or have anything done that could damage or lead to the loss, theft or deterioration of the rented products. The Exhibitor is obliged to insure the rented products from the time of delivery against all risks of loss, theft or deterioration, in order to guarantee himself against these risks and, in general, against all claims during the rental period. Proof of this insurance may be requested at any time until the return of the rented products. Any loss, theft or deterioration noted at the time of the return of the rented products will lead to an invoicing at their replacement value when new, increased by an indemnity intended to cover the unavailability of the products concerned. When taken back, the rented products must be at the disposal of the supplier or the carrier, empty of their contents for the furniture and of all other effects or objects for the other containers, and this as soon as access to the event (trade fair, congress, or other event) is closed to the public. Only the Exhibitor is responsible for the loss, theft or deterioration of effects or objects that have not been removed prior to the return of the rented products.
If it is established that the repair or replacement is attributable to the Exhibitor, Exhibitor Service reserves the right to invoice the repair or, as the case may be, the replacement of the product(s) concerned, according to the tariff in force at the Exhibitor's expense.
In the event of modification or transformation (presentation, power supply, water, etc.) of one or more rented products, without special prior agreement from Exhibitor Service, Exhibitor Service reserves the right to take back or have taken back all or part of the rented products at the expense and expense of the Exhibitor, without notice or compensation of any kind and without prejudice to any claim for damages and legal proceedings in the event of failure to comply with these General Conditions.
8. LIABILITY - INSURANCE
The rented products remain the entire property of the lessor. Unless otherwise indicated, the transfer of risks of the products rented or sold is effected upon delivery, which means that the Exhibitor assumes custody of the products rented or sold at his own expense, risk and expense, under his sole and entire responsibility, upon delivery. The Exhibitor Service is not liable for any damage that the Exhibitors may cause to third parties, nor for any material or immaterial damage, including lost profits or losses, that may be suffered by the Exhibitor as a result of the products rented or sold in the Exhibitor’s Area shop.
Consequently, each Exhibitor undertakes to take out the necessary insurance policies for the entire duration of the event (trade fair, congress or other event), including the periods of assembly and dismantling until the rented products are taken back. Such insurance(s) shall cover all direct or indirect damage, whether consequential or not, that may be caused to persons and material goods, including products sold or rented in the Exhibitor’s Area shop and Exhibitors' immaterial goods, including software, databases and Exhibitors' data, with waiver of recourse against the Exhibitor Service and its insurer(s) as a result of such damage. The value of the products to be insured is the rental value with the exception of certain equipment whose replacement value is indicated in their description.
Any possible liability of the Exhibitor Service under these General Conditions will be limited to immediate and direct damages only for proven fault that the Exhibitor may possibly suffer as a result of the Exhibitor Service, excluding indirect prejudice, immaterial damages and costs incidental to immediate and direct damages. Any possible liability of the Exhibitor Service under these General Conditions may not exceed thirty days' rental, excluding taxes and costs of the product(s) in question or of the products in question identified as being at the origin of the damage or harm, except in the case of gross negligence or fraud judicially recognised. By accepting these General Conditions, the Exhibitor waives any other damages he may claim.
Any possible liability of the Exhibitor Service under these General Terms and Conditions is excluded in the event of force majeure or fortuitous events beyond the control of the Exhibitor Service such as, but not limited to, strikes, fire, bad weather, flooding, accidents, prohibition or official cancellation of the event (exhibition, congress or other event). The exclusions or limitations of liability provided in favour of the Exhibitor Service under these General Conditions also apply to the partners and collaborators of the Exhibitor Service.
Any action for compensation for defect, non-conformity or latent defect shall be time-barred within 12 months from the transfer of risks - applicable unless otherwise specified - from the delivery of the products sold or rented. The limitation period of 12 months from the date of transfer of risk shall apply in the same way in the case of an action for repair or a claim for compensation. In the case of an action for repair due to a defect, non-conformity or latent defect, as in the case of a claim for compensation, the burden of proof against Exhibitor Service lies with the Exhibitor.
9. RESERVATION OF OWNERSHIP OF THE PRODUCTS SOLD OR RENTED
The transfer of ownership of the products sold as well as the transfer of the rights of use on the rented products are suspended until the complete collection of the price, in principal and accessories, even in case of granting of payment deadlines. By express agreement, the Exhibitor Service may apply this clause to all or part of the products sold or, as the case may be, rented, and may at its discretion take them back or have them taken back, or possibly claim them back, without prejudice to the right to suspend or cancel orders in progress.
Likewise, the Exhibitor Service is authorised to carry out or have carried out any inventory of the products sold or rented, which may be in the possession of the Exhibitor, who undertakes to allow free access for this purpose and authorises that the identification of the products sold or rented be possible throughout the period of application of this clause.
The Exhibitor must oppose any claim or seizure by third parties other than the Exhibitor Service and is not authorised to move, dispose of, pledge or grant any competing pledge, security or guarantee on the products sold or rented for which the full payment of the price, in principal and accessories, has not yet been made.
The present clause does not have the purpose or effect of modifying the agreement under the present General Terms and Conditions on the transfer of risks applicable as from the delivery of the products sold or rented. In the event of a claim by the Exhibitor Service and application of the present clause by the Exhibitor Service for the return of the products sold or rented, the possible costs of returning the products sold or rented will be borne by the Exhibitor and the possible sums already paid will remain acquired by the Exhibitor Service as a penalty clause and provision for compensation.
10. APPLICABLE LAW AND JURISDICTION
The present General Conditions and more generally the contracts concluded by Exhibitor Services are governed by French law. If necessary, an English translation of these General Conditions is available online. However, in the event of a dispute, only the French version of these General Conditions will be authentic.
In the event of a dispute between Exhibitor Services and an Exhibitor, the executive representatives will endeavour to settle amicably and as quickly as possible any dispute that may arise in relation to the validity, interpretation, execution, non-performance, breach by way of resolution, termination or otherwise of the sales, rentals or services that may arise from these General Conditions. Any dispute that cannot be resolved amicably between the Executive Representatives shall fall within the exclusive jurisdiction of the Commercial Court of PARIS, regardless of the place of delivery, the event (trade fair, congress, or other event), even in the event of actions on request or in summary proceedings, appeal in warranty or plurality of defendants or incidental claims.
In addition, in the event of actions or recourse by Exhibitor Services due to a fault or negligence on the part of the Exhibitor, the costs and fees of bailiffs for summons or service, as well as the costs and fees of experts or lawyers for formal notice, motions, summons, The Exhibitor at fault shall bear the cost of any statements or conclusions and any other related costs or fees, as well as, more generally, all costs, fees and expenses related to or arising from the Exhibitor's failure to meet its obligations under these General Conditions.