GENERAL TERMS AND CONDITIONS OF SALE
1 - Purpose of the contract / The Participation Contract frames the participation of the Exhibitor in the WINE & SPIRIT TOURISM International Trade Fair, hereinafter referred to as the Event, organized in Reims from March 12 to 14, 2023.
2 – Commitments of the Organizer / The Organizer undertakes to provide the Exhibitor with a stand meeting the characteristics described in the special conditions. The Organizer may also undertake to supply ancillary products and services (e.g. fitting out the stand, supply of furniture, advertising, etc.), which are detailed and agreed upon in the special conditions or under the terms of appended agreements.
3 – Commitments of the Exhibitor / The exhibitor undertakes to participate in the Event, in accordance with the conditions defined by the Organizer, and to pay the price set forth in the special conditions.
4 - Approval of the Exhibitor / The Organizer alone decides on the nomenclature, i.e., the activities for which exhibitors are authorized to register. The Exhibitor's participation in the Event is thus subject to the Organizer's approval, issued among other things, based on the compatibility of the company, its products and services, and its communication, with the purpose of the event. The solvency or the pre-existence of disputes with the Exhibitor are also taken into account.
Approval of the registration request is granted at the sole discretion of the Organizer. As registration is subject to the Organizer's approval, a duly finalized contract is not freely transferable by the Exhibitor.
5 - Formation of the contract / The registration request is formalized by sending to the Organizer the general and special conditions, duly completed and signed, accompanied by the down payment.
The contract is definitively formed when registration and collection of the down payment are confirmed.
At the Organizer's initiative, these steps can be performed in a paperless manner, i.e., electronically.
6 - Organization of the Event / 6.1 – The Organizer defines the place where the Event is held, the start and end date, as well as the opening hours, and its initial choices are subject to change. / 6.2 – The Organizer defines the lay-out for the Event and consequently decides on the allocation of stands.
Challenges to the initial placement proposal must be supported by objective reasons and sent to the Organizer by email within seven days of receipt, failing which the initial placement proposal will be deemed accepted.
The initial placement proposal may be modified subsequently by the Organizer, both in terms of location and surface area (in the latter case, any potential discount may not exceed 20%).
Except for a reduction in the surface area of the stand, which entails a corresponding reduction in the price of participation, it is expressly agreed that any change of location does not call into question the participation of the Exhibitor, has no impact on the price of participation and does not give rise to any right to compensation. / 6.3 – The Organizer alone defines the communication plan for the Event.
The Exhibitor therefore refrains from any communication relating to the Event that is not carried out under the Organizer’s control and undertakes to use the tools and elements made available to it for this purpose . / 6.4 – The Exhibitor authorizes the Organizer to take photographs or videos of its stand, its brands and its products, and to publish them both in France and abroad, in support of its advertising and promotional communications. / 6.5 – The Organizer may substitute any person of its choice in the execution of the present contract.
7 - Exhibition terms and conditions / 7.1 - The terms and conditions for the Exhibitor’s occupation of the stand and presentation of its products and services are defined in the Exhibitor's Guide drawn up by the Organizer, which the Exhibitor undertakes to carefully follow. The Exhibitor is required to become acquainted with the legal and regulatory rules applicable to events open to the public, which it shall ensure are respected at its stand and in its vicinity. These rules concern, among other things, health, safety, fire prevention, health measures, as well as intellectual property, price advertising, consumer credit and, more generally, activities governed by consumer law.
The Exhibitor shall declare and pay directly to SACEM all royalties relating to music played at its stand.
The Organizer is in no way responsible for the broadcasting of audio-visual content by the Exhibitor. / 7.2 - The Exhibitor undertakes to occupy and proceed with the definitive fitting out of its stand no later than the day before the Event opens to the public, and to occupy and host its stand at all times, for the duration of the Event.
The Exhibitor undertakes to present only its own products and services, as identified on its application for approval.
The Exhibitor is solely responsible for the compliance and lawfulness of the products and services it exhibits, and expressly guarantees the Organizer against any claims made against it by third parties. Subletting of the stand is prohibited./ 7.3 – The Organizer is not liable for any damage caused to the owner of the site, the Exhibitor or third parties.
Consequently, the Exhibitor is required to take out civil liability insurance with a company approved to conduct insurance business in France, covering rental risks and damage caused to third parties, including the owner of the site or the Organizer, up to a minimum of 1,000,000 euros and covering personal property and equipment, at least ten days before the start of the Event.
The Exhibitor must provide proof of insurance to the Organizer as soon as it is requested by submitting a certificate of insurance specifying the coverage taken out.
The Exhibitor expressly waives any recourse against the owner of the site or the Organizer for damage covered by its insurance, and undertakes to obtain the same waiver from its insurer, as soon as the insurance policy is taken out. The coverage will be specifically extended to the furniture and equipment provided by the Organizer or its partners, when these additional services have been agreed upon. / 7.4 – At the end of the Event, the Exhibitor undertakes to return the stand empty and clean. Any furniture and equipment supplied must be returned in good condition.
Any damage caused to the infrastructure, the stand or the furniture and equipment will be billed to the Exhibitor.
8 - Payment / One-third of the price is payable upon registration as a down payment, 40% before October 30th, 2022, and the balance will be due ninety days before the Event and must be paid no later than thirty days before its start. The price is payable in full when the registration is submitted fewer than two months before the Event.
Failure to pay by the due date will result in the payment of penalties equivalent to three times the legal interest rate, plus a fixed flat rate of 40 euros, without prejudice to compensation for costs incurred in a higher amount.
9 - Termination - penalty clause / 9.1 – Failure to pay any sum owed by the Exhibitor on the due date shall result in termination of the contract, seven days after sending a formal notice that goes unheeded.
The contract is terminated with immediate effect when the Exhibitor fails to pay the full price of its participation, in the case of registration confirmed less than one month before the start of the Event.
The contract is terminated seven days after sending a formal notice that goes unheeded, in the event that the Exhibitor has, in any way whatsoever, expressed its intention to withdraw from the Event or to breach its obligations, whether they are formed under this contract or in the instructions given in the Exhibitor's Guide.
This contract is terminated with immediate effect if the Exhibitor has not occupied its stand by the day before the Event or if it violates the rules governing its participation in the Event, whether they are formed under this contract or in the instructions given in the Exhibitor's Guide.
/ 9.2 – The failure of the registered Exhibitor to participate in the Event, for any reason whatsoever, is damaging to the Organizer, with regard to the investments made, the promises made to visitors or the need to adapt the Event.
Thus, in all cases of termination of the contract, the Exhibitor remains bound to pay the full price of its participation, plus 20%, and the Organizer shall retain all sums already paid.
This agreement does not prevent the pursuit of more thorough compensation, if necessary.
Cancellation - postponement / 10.1 – The Organizer may cancel the Event when a case of force majeure occurs, as defined in Article 1218 of the French Civil Code, when accidental circumstances compromise the operation of the site, or when public order measures are taken, for example in the event of an epidemic, which compromise the holding of the Event.
Cancellation under these circumstances entails cancellation of the contract and the return of sums already paid, and the parties waive all rights to any other compensation.
/ 10.2 – When the impediment is temporary, the Organizer may postpone the Event to a later date. / 10.3 – The entry into force of public health rules may cause the Organizer to renounce holding the Event in person, and to replace it with an electronic, online, or hybrid activity, adopting any format which it is free to define. / 10.4 – In the cases described in Articles 10.2 and 10.3, the provisions of the present contract are fully executed according to the new schedule and conditions established by the Organizer, and the Exhibitor is prohibited from withdrawing from them.
In particular, the Exhibitor remains bound by its participation and payment obligations, and the Organizer retains all sums paid.
11 - Personal data / The Organizer collects and processes the personal data of the Exhibitor's representatives for the purpose of executing this contract, complying with the Organizer's legal and regulatory obligations, improving its services and marketing, to which the Exhibitor consents.
The data is kept by the Organizer for a period of five years and the Exhibitor may at any time exercise its rights of access, rectification, deletion, opposition or limitation of processing and portability with the Organizer (email@example.com).
12 - General provisions / The invalidity of any clause of this contract shall not affect the validity of its other clauses. This contract is governed by French law and its French version is the only authentic version. Any dispute arising out of this contract shall be referred to the Commercial Court of Paris.