ARTICLE 1: FOREWORD
1.1 - Identification of the Service Supplier:
Gamma EVENTS company is registered number 825 398 662 at the SIREN in Marseille.
The company is based at 8c Impasse des Heures Claires – 83270 SAINT-CYR-SUR-MER.
GAMA EVENTS specialises in decoration for parties, and public and private celebrations.
1.2 – Definitions :
The General Terms and Conditions of Service : means this present document ( the GTCS) The Supplier: means GAMA EVENTS Company The Customer: means any person or company purchasing service from the Supplier, whether for professional or private purpose.
The Consumer: means any private individual purchasing service from the Supplier , for non professional purpose.
The Professional: means any private individual or company purchasing service from the Supplier, for professional purpose.
1.3 – General :
These GTCS shall be signed between GAMA EVENTS Company on one side, and any consumer or professional wishing to purchase decoration services for parties and celebrations from this Company. They shall apply to all contracts signed with its Customers.
The Customer should request these GTCS before, or on signing the quotation, invoice or any other document.
GAMA EVENTS’s refraining from invoking any of the clauses herein at any given time, shall not constitute a waiver to its right to invoke these same clauses at a later date.
ARTICLE 2: FIELD OF APPLICATION
The present general terms and conditions of service shall apply as of April 21st 2020.
They will apply to any service offered and provided by GAMA EVENTS ( see article 3). They shall be sent to the Customer at the latest on signing the quotation, invoice, or any other document.
In case of contradiction between these GTCS and any other special terms and conditions from another document signed by the Customer , only the latter shall prevail.
After signing the afore said documents, the Customer will have a statutory period for withdrawal of 7 days, after which these GTCS shall apply.
Every Customer acknoledges reading the GTCS before signing the contract, which is implied by their signing and writing “signed and approved”
ARTICLE 3 – THE SERVICE
3.1 – Main service – Decorating :
The GTCS detail the rights and obligations of GAMA EVENTS Company and its Customers, in the process of selling and purchasing services related to equipment rental during private or public events.
3.2 - Accessory Service- item rental
The Supplier provides its Customers with decoration equipment in good working and looking conditions. This equipment remains sole ownership of the Supplier, and Customers agree to use it in a responsible way and the way it has been made for, and to give it back in the same state as when given.
The Supplier is in charge of cleaning the rented equipment.
In case of damage or loss of the rented equipment, Customers shall be held responsible and shall pay the Supplier for the equipment at its purchasing value when bought by the Supplier. This re-invoicing will be on an additional invoice
ARTICLE 4: ASSIGNMENT
The Customer asks GAMA EVENTS Company, which accepts, to be in charge of the flower arrangement, decoration, and staging of the service, as defined in the quotation called “Event Decoration Quotation “. This agreement is completed by the mandatory signing by the Customer, of an assignment to the benefit of the Company.
After signing, the Customer has a statutory period for withdrawal of 7 days, after which these GTCS’s rights and obligations shall apply reciprocally.
ARTICLE 5: QUOTATION
Any service provided by GAMA EVENTS will be defined by a detailed and personalised quotation, handed in or sent to the Customer ( by fax, e-mail, and/or mail). This quotation gives the name and type of service defined from Customer’s request, as well as the relevant process and fees.
When the Customer agrees with the quotation, they will sign it and write “ Agreed and signed”
These GTCS , the agreed quotation, together with any other relevant document released by GAMA EVENTS make up the contract, to the exception of any other document from GAMA EVENTS for information only.
ARTICLE 6: INVOICE AND PAYMENT
The settlement of services supplied by GAMA EVENTS shall be made in Euros only, either by cheque signed to Marion Garcin, or by bank transfer.
Except when agreed beforehand by the parties, the settlement of services supplied by the Company shall be made, as follows:
- First 50% payment on the whole amount of the invoice, when the Customers signs the quotation
- 2nd payment of the remaining 50%, upon receiving the invoice, 2 weeks before the service is supplied. No discount is granted for advance or cash payment. No rebate, discount, or
compensation shall be deducted in case of disagreement. Unless otherwise explicitely stated by GAMA EVENTS , invoices are payable by the Customer on the day they receive it. Any amount not duly settled on the deadline shall imply:
- The payment of penalities, based on 5 times the legal interest rate, as required by the LME law from August 4th 2008
- The refund by the Customer of all filing fees and recovery charges, including legal officers or representatives’ fees
- Immediate payment of every remaining amount due by the Customer, when non payment is observed.
In case of non payment, 48H after written notice sent by registered delivery, and without any reply, GAMA EVENTS will have the right to duly cancel the service
ARTICLE 7: PARTIES’DUTIES:
7.1 GAMA EVENTS’ duties : During the whole duration of the assignment, GAMA EVENTS will by all means try to implement every term as defined in the contract. On Customer’s request, and free of charge, GAMA EVENTS will meet the Customer. During this first contact appointment, a list of the Customer’s needs will be made.
GAMA EVENTS’ duties as regards requirements may have to be redefined, if new specifications are drawn out and agreed by both parties. GAMA EVENTS will keep the Customer informed of any file change, and provide details of the selected services.
GAMA EVENTS agrees with the customer not to disclose any information provided, which will remain confidential.
7.2 Customer’s duties : the Customer agrees not to hide any information from GAMA EVENTS, which might hinder, delay, or prevent the project from achievement.
The Customer will give the decorator access to all necessary information.
The Customer agrees to accept the payment terms as described in Article 6 of the present GTCS.
ARTICLE 8- INSURANCE
GAMA EVENTS Company has subscribed a professional liability insurance with Matmut. This insurance policy, contract no 971 000146089 W30 can be provided to the Customer upon request.
ARTICLE 9- CLAIMS
To avoid foreclosure and ineligibility, any claim must be sent by e-mail to marion.garcin@agence gama.com, or by registered mail to GAMAEVENTS’s head office within 8 days after the event.
Any claim must be justified and documented, and evidence of the suffered damage must be presented by the claimant.
ARTICLE 10 – SERVICE CHANGE
Any change or achievement of service requested by the Customer has to be agreed upon by GAMA EVENTS. Such request from the Customer will be studied, providing it has been received by GAMA EVENTS 30 days at the latest before the start of the event. Beyond this date the service will remain valid and will have to be paid in full by the Customer.
ARTICLE 11- POSTPONEMENT OR CANCELLATION OF THE SERVICE
11.1 – Service postponement: In case of a preliminary agreement between the Supplier and its Customer, the event can be postponed within a maximum of 24 months from the initial date. The money paid will be kept by GAMA EVENTS Company as provision.
Should there be no postponement within the 24 month period, the Customer will not be able to ask for his deposit back.
11.2- Cancellation by the Customer: In case of withdrawal, rejection, or cancellation by the Customer, GAMA EVENTS will be free of any obligation towards the Customer, who will have no right to ask for their deposit back , which will be kept by GAMA EVENTS in full, as contractual cancellation compensation.
11.3- Cancellation by the Supplier: In case of cancellation by GAMA EVENTS Company, of one or several services signed for by the Customer, GAMA EVENTS Company holds a professional liability insurance.
Deposits paid for by the Customer will be refunded proportionally to the cancelled service.
ARTICLE 12- FORCE MAJEURE
GAMA EVENTS’ liability shall not be denounced, if the non achievement, late achievement of one of its services described in these GTCS result from force majeure events.
Force majeure consists in any external, unpredictable, and unstoppable event, as referred to in the updated Article 1218 from the Code Civil des Jurisprudences ( precedent civil law),
ARTICLE 13- PERSONAL INFORMATION PRIVACY
GAMA EVENTS Company agrees not to sell, share, or release the Customer’s private information to any third party , except for its own use.
Yet this information can occasionally be given to third parties acting for or on behalf of GAMA EVENTS, or in relation with GAMA EVENTS’ business, for the use to which they were originally collected.
ARTICLE 14- IMAGE RIGHTS
Customers allow GAMA EVENTS Company to take pictures of their events for commercial use. The Company will be able to replicate and modify pictures, according to its needs, and to use them on any available media ( release on the Internet, social network or other commercial media ) in existance or to come. In exchange, GAMA EVENTS agrees to show respect to its Customer, both on photos and in texts.
ARTICLE 15- GTCS SEVERABILITY
In the event of any agreement from the present GTCS being declared illegal, null, or claimed not written, every other agreement would remain applicable.
ARTICLE 16 – DROIT APPLICABLE – JURIDICTION COMPÉTENTE :
16.1- The present GTCS are under French law.
16.2- Any litigation concerning the achievement or understanding of the present terms and conditions, which could not be settled amicably between the Supplier and its Customer, will be taken to the court of Marseille, wherever the contrat was signed.
LAST UPDATED ON: 05/08/24