Terms and conditions of sale
1 - Scope of Application
Any order for our products and services implies the customer's unreserved acceptance of and full adherence to these general terms and conditions, which prevail over any other customer document, unless otherwise expressly agreed in advance by our company.
The customer accepts these general terms and conditions as soon as they interact with our company or use its equipment. Any written proposal or offer from our representatives or agents is binding on our company only insofar as it complies with these general terms and conditions.
Our company reserves the right to modify these general terms and conditions at any time; those in force are those communicated by our company in support of quotes/invoices.
2 - Orders
Any request for services/purchase is subject to a quote established by our company. Depending on the nature of the service/product desired by the customer, our quotes may be accompanied by commercial proposals outlining the project for which our company has been consulted.
Any request for services/purchase, even in the absence of a prior quote or commercial proposal, is subject to these general terms and conditions.
Quotes established by our company are valid for the duration specified therein.
An order means any order for services and products, and their prices, listed in our catalog and accepted by our company.
Any order comprises:
- our quote returned, dated, and signed by the customer with their wet stamp, accompanied by the mention "bon pour accord";
- payment of the deposit specified in the quote or specific conditions;
- in the case of rental, payment of the security deposit specified in the quote.
By signing the quote, the customer acknowledges having all the information enabling them to assess the characteristics and scope of the services/products and their suitability for their intended use.
An email can serve as a purchase order and/or an agreement.
Purchase orders must be sent 48 hours after written or oral agreement; they must include the customer's order number and our business number. The order must be placed no later than 10 days before the start of the service; otherwise, it may not be processed.
Any order placed during the service will be subject to a purchase order issued within 24 hours of the request; after this period, a fee of €10 per day will be applied until the order is received.
Any request for additional services/product(s) from the customer not included in the initial order will be subject to additional invoicing at the current rate.
All telephone bookings must be confirmed in writing, by mail or email, within 24 hours of the booking.
The acceptance of this order by our company will be evidenced by a written confirmation which alone will constitute our commitment.
Our company cannot be held responsible for the unavailability of products at the time of the order. In case of unavailability of products or force majeure, our company reserves the right to provide equivalent equipment to ensure the intended purpose.
Orders transmitted to our company are irrevocable, unless accepted in writing by us.
An order can be modified if the customer has made a written request (including by email) to our company and subject to our written agreement. The modification of the order by the customer may lead to a modification of the price stated in the quote. If this request is made less than 48 hours before the start of the service, then a 20% surcharge will be applied.
Any order for specific manufacturing will be subject to full invoicing in case of cancellation.
Any order placed 4 days or less before the start of the service will be subject to a 20% surcharge.
In case of modification of the order by the customer, our company will be released from the agreed deadlines for its execution.
In case of order cancellation, all sums already paid will remain acquired by our company.
Furthermore, if the cancellation occurs less than 15 days before the scheduled departure date of the order from our premises, the customer will have to pay 50% of the total amount of the order; if the cancellation occurs less than 7 days before the scheduled departure date of the order from our premises, the customer will have to pay 100% of the total amount of the order.
In the event that a customer places an order with our company without having paid for one or more previous order(s), our company may refuse to honor the order without the customer being able to claim any compensation for any reason whatsoever.
3 - Execution of Services/Product Purchases
3.1 Provisions common to all services/product purchases
The nature and description of the ordered services/products, as well as the execution times, schedules, or planning, are described in the order.
Any service/product requested by the client but not specified in the order constitutes additional service(s)/product(s) subject to additional invoicing by our company at the current rate.
Our company undertakes, within the framework of an obligation of means, to exercise all necessary care and diligence in the execution of the ordered services/products, in accordance with the practices of the profession and the rules of art.
Our company reserves the right to subcontract all or part of the execution of the ordered services/product(s) to the provider of its choice, which the client expressly acknowledges and accepts.
Any intervention, of any nature, on our equipment will imperatively and exclusively be carried out by our teams, unless otherwise agreed in writing by our company.
3.2 Specific provisions for certain services
- The supply of electricity and water is the responsibility of the customer, who undertakes to ensure optimal access to these sources for our company;
- The customer, to prevent theft, must lock the provided equipment every evening;
- Additional electrical connections (i.e., non-standard) will be invoiced separately;
- Lamps for lighting and/or video projection, returned out of service, will be invoiced at 100% of their new value. The replacement of lamps during the service is the responsibility of the customer;
- The customer must provide the layout plan for the desired structures/stands/grandstands within the prescribed deadlines (2 weeks before the start of the service); any change during installation will be re-invoiced;
- The presence of the public on the grandstands and stands is authorized only under the conditions specified in the quote, technical datasheets, and/or documents provided upon delivery. Our company declines all responsibility, whatever the cause, in case of non-compliance with this provision by the customer or any other third party. The same applies to access to marquees installed by our company;
- The customer is responsible for managing access to the grandstands and stands for all persons and for any consequences that may result. They are also responsible for their evacuation under the same conditions;
- For establishments open to the public, the event organizer must obtain authorization from the mayor of the commune concerned or the Prefecture eight days before opening to the public;
- If the installation site must be accessible to heavy goods vehicles and forklifts, the customer will ensure the ground resistance for the circulation of these vehicles;
- The customer will ensure the cleanliness of the installation sites before our company's intervention. The cleaning of these sites before, during, and after our company's intervention will be the responsibility of the customer.
- In the context of trade fairs, our company will organize the deployment within the time slots defined by the customer at the time of the order; any change may generate additional costs which will be invoiced to the customer.
- The customer will ensure the availability and opening of sanitary facilities throughout the duration of the service (assembly, use, disassembly).
4 - Delivery Times
The delivery date refers to the date on which the customer takes possession of the product(s) (sets, furniture, structures, installations, etc.), whether they are simply made available or installed by our company, according to the customer's instructions.
Delivery times are specified in each quote. They only run from the receipt of the complete order as detailed in article 2 above, and any information and technical documents communicated by the customer, necessary for the completion of the order. These times depend notably on the payment of the deposit specified in the quote and possibly the payment of the balance of the order, as well as the availability of the product.
Delivery and installation times correspond to the provision of premises, utilities, and site security in accordance with the order. If a delay occurs, the customer will bear all resulting additional costs, particularly overtime.
Orders including the manufacturing of specific products or accessories require a firm lead time of at least 30 days before installation, as well as the payment of a 50% deposit of the total order amount.
The dismantling time set by the client must be at least 25% of the time spent on the installation.
Our company strives to meet the delivery deadlines it indicates upon acceptance of the order, based on the standard logistics time in the profession, excluding maritime transport, and except in cases of force majeure or circumstances beyond its control such as strike, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive.
Delivery delays cannot give rise to any penalty or compensation.
Any delay in relation to the indicative delivery time, indicated in the quote and in the order confirmation, cannot justify a cancellation of the order placed by the customer and recorded by our company. It does not entail either cancellation or modification of the contract. The penalty clauses appearing on our customers' commercial documents are unenforceable against our company.
The delivery times stated in an order are accepted by our company and bind it only under the following conditions: the customer's compliance with payment terms and deposit payments or security deposits, timely provision of technical specifications, absence of delay in studies or preparatory work, absence of force majeure, social, political, economic or technical events hindering our company's activities.
5 - Customer Obligations
The customer acknowledges having verified the suitability of the services/products they ordered for their needs and their intended use. By accepting the quote, they acknowledge having received from our company all necessary information and advice to order the services/products with full knowledge. Consequently, no claim may be made by the customer against our company in this respect, and the choices made by the customer during the order or the execution of the services/delivery of product(s) are their sole responsibility.
In order to ensure the proper execution of the ordered services/products, the customer undertakes (i) to provide, within 20 days before the execution date of the services and 30 days in case of product delivery, all information, content, materials, and documents requested by our company, as well as, more generally, all information that may be necessary for the execution of the services/products, (ii) to verify the accuracy of this information and its compliance with applicable laws and regulations, and (iii) to inform our company without delay in case of modification of this information. The customer is informed and acknowledges that this commitment constitutes an essential and determining obligation for the proper execution of the services/products. Our company's responsibility is excluded in case of the customer's failure to comply with this obligation.
The customer undertakes to comply with any recommendations and advice from our company, communicated for the purpose of executing and using the ordered services/products (concerning notably restrictions on the use of certain materials or technical solutions that would be unsuitable). Failing this, our company has the possibility to terminate the concerned order as well as any other current orders, without the customer being able to claim any compensation whatsoever.
The customer undertakes to take out all necessary insurance policies with reputable and solvent insurance companies to cover all risks and damages that may arise within the scope of their participation in the execution of the ordered services and to provide supporting documents.
The customer undertakes to inform our company of any financial difficulties or risk of insolvency concerning them.
6 - Transfer of Risks (Rental)
The risk is transferred to the customer from the opening date of the construction site (start date of assembly) until the end date of the construction site (end date of dismantling). In the event of early provision or delayed removal, requested or accepted by the customer, the risk is transferred to or remains with the customer on these two dates.
From these dates, the customer is the custodian and guardian of the rented equipment.
In the event of goods or materials being collected from our counters, the risk is transferred to the customer upon leaving our depots.
7 - Transport
The cost of transport is invoiced additionally and indicated in our quotes.
In the event of delivery or collection by our company, any additional handling or assembly/disassembly not indicated in the quote will be subject to additional invoicing.
It is the customer's responsibility, in case of damage to delivered goods or shortages, to make all necessary reservations with the carrier.
In the event of an apparent defect or shortage, any claim, whatever its nature, concerning the delivered products, will only be accepted by our company if it is made in writing by registered letter with acknowledgment of receipt, with a copy simultaneously sent to our company, within three working days from the date of delivery. It is the customer's responsibility to provide all justifications as to the reality of the defects or shortages observed.
The customer cannot return any merchandise without our company's prior express written consent, notwithstanding the provisions to be taken by the customer vis-à-vis the carrier as described in Article 7.
Return costs will only be borne by our company if an apparent defect or shortage is actually observed by our company.
Only the carrier chosen by our company is authorized to return the concerned products.
If, after verification, an apparent defect or a shortage is actually found by our company, the customer may only request our company to replace the non-compliant items and/or to make up for the shortages at our company's expense, without the customer being able to claim any compensation or the cancellation of the order. The unconditional acceptance of the ordered products by the customer covers any apparent defect and/or shortage.
The claim made by the customer under the conditions and according to the procedures described above does not suspend the payment by the customer of the concerned goods.
In the event of non-payment in full of an overdue invoice, after a formal notice has remained without effect within 8 days, our company reserves the right to suspend any current and/or future delivery.
8 - Equipment Removal / Reception and Installation
Equipment removal is carried out upon presentation of a purchase order for customers with an open account with our company, excluding individuals.
The equipment is deemed to have been delivered in perfect working order and condition, subject to a contradictory inspection carried out by the parties.
In the event of force majeure or impossibility of accessing the delivery location, or in the event of refusal of the equipment at the delivery location, and whatever the cause, the customer will remain liable for the full payment of the order, and our company's responsibility cannot be engaged.
Delivery must be documented by a specific document signed by the customer and by our services or the carrier. In the absence of a signatory, delivery is deemed compliant and accepted by the customer without the latter being able to raise any dispute. Rented or sold equipment must be used in accordance with its usual purpose.
Without prejudice to the provisions to be taken by the customer vis-à-vis the carrier as described in article 7, no return of merchandise may be made by the customer without the prior express written agreement of our company.
Return costs will only be borne by our company if an apparent defect or shortage is actually found by our company.
Only the carrier chosen by our company is authorized to return the products concerned.
If, after inspection, an apparent defect or shortage is actually found by our company, the customer may only request our company to replace the non-compliant items and/or to make up for the shortages at our company's expense, without the customer being able to claim any compensation or the cancellation of the order. The unconditional acceptance of the ordered products by the customer covers any apparent defect and/or shortage.
The claim made by the customer under the conditions and according to the procedures described above does not suspend the payment by the customer of the goods concerned.
In the event of non-payment in full of an overdue invoice, after a formal notice has remained without effect within 8 days, our company reserves the right to suspend any current and/or future delivery.
9 - Return of equipment
Immediate return at the end of the contract.
A signed return slip is mandatory.
The return of equipment is the responsibility of the customer and must be carried out at our premises on the dates and times planned at the time of booking.
Any extension of rental must be reported at least 24 hours before the originally scheduled return and can only be done with our company's agreement. This extension must be validated within the same timeframe by a new purchase order, which must be confirmed under the same conditions as the initial purchase order.
The customer will be held responsible for any damages incurred by our company and its clientele in case of late return of the equipment.
The rented equipment must be returned in the same condition as when it left our premises, including its packaging, which will be subject to additional invoicing in the event of non-return or damage.
Reconditioning or cleaning operations deemed necessary upon return of the equipment, due to misuse or use inconsistent with the nature of the products, will be invoiced at a rate of 40 euros excl. tax/hour.
After-sales service interventions deemed necessary upon return of the equipment will be invoiced at a rate of 35 euros excl. tax/half-hour for simple after-sales service and 90 euros excl. tax/half-hour for complex after-sales service, excluding parts required for repair.
The client will be informed of these interventions and their cost within 72 hours of the return of the damaged equipment.
10 - Prototype
For any prototype creation, a preliminary quote will be established and submitted for the client's approval in the forms described in Article 2 above.
Payment for said prototype will be made in full upon order.
11 - Technical Assistance
Any technical assistance that our company may provide to the client free of charge and at their request concerning products other than those supplied by our company, shall in no case engage the liability of our company.
12 - Prices and Payment Terms
The prices invoiced are those in effect on the day of the order, the applicable VAT rate being that of the legislation on the day of invoice issuance for all products and services.
Any price change will be automatically applicable on the date indicated on the new price lists.
The photos, prices, and characteristics in our company's catalog and websites are non-contractual.
Beyond the validity period mentioned on the quote, we reserve the right to re-evaluate prices and modify the schedule and deadlines.
After this period, price proposals no longer bind our company, unless they have been exclusively renewed in writing for a new period, subject to the right to make any necessary adjustments.
The prices in our catalogs are indicative. They are calculated net, without discount.
Any exceptional discount granted must be confirmed in writing by our company.
For prices specified by quantity, any order for a smaller quantity will result in a modification of the indicated price.
Any order for an amount less than 3,500 euros excl. tax must be paid in full before leaving our warehouses.
Any order for an amount greater than 3,500 euros excl. tax requires a deposit of at least 15% before leaving our warehouses.
The price will be payable by check or bank transfer on the due date indicated on the invoice.
Any invoicing of supplements shall not block or delay the due date of the initial invoice as long as it corresponds to the order placed by the client and accepted by our company.
Only the effective collection of checks or the credit advice of bank transfers will be considered as full payment within the meaning of these general conditions.
Any delay in payment will automatically result, without the need for a reminder, in the application of late payment penalties at the refinancing rate of the European Central Bank increased by 10 percentage points, as well as compensation for collection costs of 40 euros per invoice not paid by its due date, without prejudice to late interest at the legal rate and other collection costs incurred by our company, which will be invoiced to the client upon presentation of supporting documents.
Late payment penalties are due without a reminder being necessary. Any partial payment will be applied to the sums due, regardless of the cause, starting with those that have been due for the longest time.
The price of the ordered services/products appears on the corresponding quotes or, failing that, in our current price list available upon simple request. Any additional service/product requested by the client, not included in the order, will be subject to additional invoicing at the rate in force at the time of its execution.
13 - Liability
Legal warranty for defects.
Liability limited to direct damages.
The client, as the lessee of equipment, assumes full responsibility for the rented equipment from the moment it is taken from our premises until its return.
The client lessee will be responsible to third parties for the use of the equipment without recourse against our company for any reason whatsoever.
Any rental of lifting equipment, structures, supports, towers, platforms, ladders, and flooring, without assistance from our company, will be under the sole responsibility of the client, who must take out all necessary insurance with reputable and solvent insurance companies to cover all risks and damages that may occur.
The client also undertakes to use the equipment in accordance with its intended purpose and not to make any modifications or repairs to the equipment without the prior consent of our company.
Our company's liability cannot be engaged due to the non-functioning or malfunctioning of the rented equipment, in case of adding incompatible materials or improper use of the rented equipment.
The equipment remains the property of our company; the client has no right or title related to the equipment.
Our company's liability cannot under any circumstances be invoked for events occurring during transport operations, such as destruction, damage, loss, or theft, even if our company chose the carrier.
Our company's liability is expressly excluded in cases of force majeure and fault, violation, or breach by the client of its obligations outlined in these general conditions, particularly its essential duty to inform, as well as in cases of non-compliance with its legal and regulatory obligations.
In any event, should our company's liability be engaged, the amount of reparations due for the invoked damages, whether direct and/or indirect, material and/or immaterial, including costs, fees, and other damages suffered by the client or third parties, will be limited to the price actually paid by the client for the ordered services/product(s).
In the event of assembly or installation of our products or the performance of services at the delivery location by our company, our company's liability for damage to the premises or installations at the delivery location can only be engaged if the client has, at their expense, carried out a condition report at the beginning and end of our intervention. The client is responsible for carrying out and bearing the cost of a condition report at the beginning and end of our intervention.
14 - Insurance
The client must insure the rented products.
Alive may request a copy of the insurance policy.
The client must take out loss and damage insurance in accordance with that offered by our company and covering the equipment for the duration of its availability. However, the client may take the insurance offered by our company. The cost of this insurance is 6% of the total ex-tax amount of the rented equipment, based on the public price list excluding discounts.
The specific conditions of the insurance offered by our company will be provided upon simple request.
15 - Retention of Title
The transfer of ownership of our products is suspended until full payment of their price by the client, in principal and accessories, even in the event of deferred payment being granted.
By express agreement, our company may invoke the rights it holds under this retention of title clause, for any of its claims, on all of its products in the client's possession. The latter are conventionally presumed to be those unpaid, and our company may repossess or reclaim them as compensation for all its unpaid invoices, without prejudice to its right to terminate current sales.
Similarly, our company may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of its products in the client's possession. The client undertakes from now on to allow free access to its warehouses, stores, and others for this purpose, ensuring that the identification of our company's products is always possible.
The fact that the client has paid a deposit shall not authorize them to retain possession of the equipment, waiving, as necessary, any right of retention.
Notwithstanding the absence of transfer of ownership, the client remains solely responsible for damage, theft, fire, and, more generally, all risks that may affect or destroy our products.
The client therefore undertakes, in the event of payment after delivery, to have said products insured for the benefit of our company against the risks of loss and deterioration.
16 - Termination
In the event of total or partial non-performance by one of the parties of one of its obligations defined in the contract, the party creditor of the unfulfilled obligation shall send the other party a registered letter with acknowledgment of receipt formally requesting it to perform its obligation.
If this formal notice, notified to the defaulting party, remains without effect, the other party may request the automatic termination of the contract within 30 days from the date of receipt of said formal notice, without judicial or extrajudicial formality, and without prejudice to all damages to which the injured party may be entitled.
The termination of the contract does not release the parties from their obligations, particularly financial ones, arising prior to the termination date.
17 - Intellectual Property
Same clause, with the possibility of taking back products in case of non-payment.
All technical documents, plans, studies, photos, or drawings established by our company remain its exclusive property, as the sole holder of the intellectual property rights to these documents, and must be returned to it upon its request.
Any element and/or content (including texts, names, images, logos, contents, photos, videos, files, databases, software, models, etc.), which is provided by the client for the purpose of executing the services/delivery of the ordered product(s), remains their exclusive property. The client declares to have all necessary rights, particularly intellectual property rights and/or authorizations, over the elements and contents they transmit and guarantees our company against any claim, demand, or potential action by third parties, notably for the infringement of their intellectual property rights.
The client undertakes to respect our company's intellectual property rights (including our names, trademarks, designs, creations, copyrights, etc.), not to infringe them, and acknowledges that they have no rights over them. The client is prohibited from seeking or obtaining legal protection (including, but not limited to, trademark, patent, design, or copyright registration) in any country whatsoever (including territories where our company does not have protection), in any class of products and services whatsoever, for any element whatsoever, identical, similar, derivative, or related to our company's intellectual property rights.
Our company remains the owner of the know-how developed or used during the execution of the services/products ordered by the client and is free to use it for other purposes and/or for other clients.
Any service/product created by our company and refused by the client remains the full and entire property of our company.
In case of violation by the client of this article, our company reserves the right to terminate or suspend all or part of the client's orders. Any deposits paid will remain acquired by our company, and the total price of the ordered services/products, whether they have been fully or even partially completed, will be fully invoiced and due by the client, without prejudice to our company's right to seek compensation for the damage suffered.
Our company guarantees to the client that it holds all intellectual property rights over the elements incorporated into the ordered services/products and undertakes to guarantee the client against any claim, demand, and actions by third parties for infringement or claim of intellectual property rights over these elements.
18 - Confidentiality
The parties mutually undertake to keep confidential all information and documents, particularly commercial, technical, intellectual, accounting, and financial, of which the parties may become aware during their contractual relations, and notably during the execution of orders, for a period of 5 years from the end of the contract.
Notwithstanding the foregoing, the client expressly authorizes our company to cite them as a commercial reference on advertising and communication materials and to affix their name, brand, and logo on brochures, commercial documentation, and the website.
The Client acknowledges and expressly authorizes our company to capture and disseminate, for the exclusive purpose of promoting its services, images (photos/videos) taken during the ordered event, for a period of 36 months from the date of realization, worldwide, on the following media: our company's website, official LinkedIn, Instagram, Facebook, YouTube, TikTok pages, and any other social network mentioned in the order.
The Client acknowledges that these publications may be shared, relayed, commented on, and disseminated by users and by the platforms concerned, within the framework of the functionalities offered by each social network.
The Client guarantees to hold all necessary rights, authorizations, and agreements relating to the persons and elements represented in the visual content and their exploitation, in order to allow AKTUEL free, secure, and unrestricted communication on the designated social networks and media.
Consequently, the Client guarantees to have informed the participants and, where applicable, obtained their written authorization for image rights, including that of the legal representatives of minors.
Our company undertakes not to use images in a demeaning way or one that harms the dignity of the people represented, each person having the right to object to the reproduction of their image.
Any person may, at any time, object to the use of their image and request its removal; during the examination of the request, our company will freeze the content it controls by temporarily delisting it.
The Client guarantees and holds our company harmless from any claim based on infringement of image rights.
19 - Non-solicitation of personnel
The client undertakes not to poach, hire, or employ, directly or indirectly, any member of our company's staff who participated in and/or collaborated on the execution of the ordered services during the period of this execution and for a period of one year following the end of the services, even if the initial solicitation is initiated by the company's employee themself.
In the event of non-compliance with this clause, the client will automatically be obliged to pay our company a lump-sum compensation corresponding to the gross remuneration that the employee would have received during the six months preceding their departure.
20 - Personal data
Our company collects personal data concerning the client (name, first name, professional email and postal address, telephone number, etc.). This data is collected to enable the execution of ordered services/products and to send the client information concerning our activities and services/products. Client data is accessible within our company only to persons (employees and managers) who have a legitimate interest in knowing it. Outside our company, IT and technical service providers working on our information systems, servers, software tools and applications, or hosting data may also have access to the client's personal data. Our company reserves the right to communicate clients' personal data in order to comply with its legal obligations, particularly if it is compelled to do so in the context of judicial, administrative, or legal proceedings or by administrative, legal, or judicial decisions or constraints.
Subject to proof of identity, the client has the right to:
- access their personal data held by our company and obtain a copy thereof;
- rectify their personal data that is incorrect or no longer up-to-date;
- request the erasure of their personal data. However, our company retains certain data to comply with its legal and regulatory obligations and when it has a legitimate reason (for example: when the data is necessary to establish proof of the proper execution of our legal, regulatory, or contractual obligations or for security reasons);
- object to the processing of their personal data if they have legitimate grounds;
- withdraw their consent;
- limit the processing of their personal data;
- the right to data portability, i.e., to receive a copy of their personal data in a structured format and the right to transmit it to another data controller.
The client also has the right to file a complaint with the Commission Nationale Informatique et Libertés (CNIL) if they believe their rights have not been respected.
To exercise their rights and, more generally, for any questions regarding the processing of their personal data by our company, the client may send an email to communication@groupalive.com.
The company reserves the right to decline any request that appears unreasonable due to its repetitive or systematic nature, or that could jeopardize the security of servers, files, systems, and data.
21 - Force Majeure
Our company cannot be held responsible in the event of a breach of its obligations resulting from a force majeure event, as defined by law and jurisprudence. Force majeure events notably include unforeseeable events such as fires, floods, storms, earthquakes, and other natural disasters, wars, riots and revolutions, strikes, work stoppages, or other social movements within our staff or that of our suppliers or service providers, factory or premises occupations, administrative decisions, acts of prince, interruptions or delays in transportation, impossibility of supply, as well as interruptions or slowdowns of networks or the Internet not attributable to our company.
If our company is prevented from fulfilling its obligations due to a force majeure event, the parties shall endeavor to find an equitable solution and take all reasonable measures to minimize the consequences of the force majeure, without either party being able to claim any compensation in this respect.
Our company shall in any case be entitled to retain any deposits paid and to invoice the total price of the services/products actually rendered, even if only partially.
If the event should last more than 30 days from its occurrence date, the contract concluded by our company and its client may be terminated by the most diligent party without either party being able to claim damages.
22 - Miscellaneous Provisions
Assignment / Transfer: The client is prohibited from assigning or transferring, in any form whatsoever, their rights and obligations under these general conditions and the order concluded in application thereof, without the prior written consent of our company.
Nullity: In the event that one of the stipulations of these general conditions is deemed null or unenforceable, the other stipulations of these general conditions shall remain applicable in their entirety.
Tolerance / Non-waiver: No tolerance on the part of our company regarding the application of the provisions of these general conditions can be interpreted as a waiver of the right to invoke them later against the client.
23 - Applicable Law / Jurisdiction
These general conditions and the orders concluded in application thereof are governed by French law.
Our company elects domicile at its registered office.
Any dispute or litigation arising from the execution or interpretation of the contract binding the parties and/or these general conditions must, prior to referral to any court on the merits or for interim relief, be subject to amicable discussions.
In case of agreement, this will be recorded in a protocol recalling the points of disagreement, the concessions made by one and/or the other party, and the terms of implementation of this agreement.
Any dispute or litigation arising from the execution or interpretation of the contract binding the parties and/or these general conditions, which has not been amicably resolved by the Parties, will be submitted to the jurisdiction of the Courts established in the district where our company's registered office is located.
AKTUEL - SAS with a capital of €1,614,300
PALAISEAU | 36, avenue du 1er mai, 91127 Palaiseau Cedex - Tel. 01 41 80 30 30 - SIRET: 44450758600022
GRASSE | 61, route de la Marigarde, 06130 Grasse - Tel. 04 92 60 60 80 - SIRET: 44450758600030
APE 7729Z - Intracommunity VAT No.: FR41444507586
