GENERAL TERMS AND CONDITIONS OF SALE AND USE
|1. Purpose of general terms and conditions
2. Parties involved
4. Acceptance of general terms and conditions of sale and use
5. Personal information
6. Creation of a customer account and customer identification
7. Placing an order
7.1 Orders placed on the Website
7.2 Other ways to place an order
7.3 Description and availability of Products and Services
8. Prices and payment terms
|8.2 Payment terms
8.3 Payment approval and order confirmation
8.4 Retention of title
9. Shipment of orders
9.1 Orders for Services
9.2 Orders for Products
10. Access to and availability of the website
11. Cancellation, Postponement, Force Majeure
12. Dispute resolution – Governing law
13. Intellectual property
1. PURPOSE OF GENERAL TERMS AND CONDITIONS
These General Terms and Conditions define the contractual relationship between Première Vision and the Customer in relation to the sale of Products and/or Services via Première Vision’s website and at https://premierevision.com. The Products and Services proposed by Première Vision are intended for professionals. You declare that You have read and accepted the rights and obligations arising under these General Terms and Conditions. Première Vision will retain all contractual information relating to each Order for 10 years and warrants that You will be given access to all such information.
2. PARTIES INVOLVED
Website publisher: Première Vision SA
A limited company incorporated as a French Société Anonyme with a Management Board and a Supervisory Board, and a share capital of €10,050,352
Registered in the Lyon Trade and Companies Register under number 403 131 956 / EU VAT number: FR 74 403131956
Registered office address: 59 quai Rambaud, CS 30162, 69285 Lyon cedex 02 / Tel.: +33 (0)4 72 60 65 00 - Fax: +33 (0)4 72 60 65 59
Head of publication: Philippe Pasquet, Chairman of the Management Board of Première Vision SA
Webmaster-Editor: Elsa Séris, Première Vision SA / Website host: Certilience, 13 Rue Sans Souci, 69760 Limonest, France
‘Customer’ or ‘You’ means the natural person or legal entity acting as a professional that places an order for Products and/or Services via a Première
4. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
Vision website or at https://www.premierevision.com. ‘Products and/or Services’ means the products and/or services offered for sale at
https://premierevision.com. The Products and/or Services offered for sale include (without limitation) e-passes, for Première Vision Paris Shows (including: Première Vision Yarns, Première Vision Fabrics, Première Vision Leather, Première Vision Designs, Première Vision Accessories and Première Vision Manufacturing), or tickets for seminars and publications. ‘Publication’ notably means colour ranges. ‘Website’ means Première Vision’s website (www.premierevision.com) that is linked to the URL address https://premierevision.com. ‘Show’ means the shows organised by Première Vision, particularly Première Vision Yarns, Première Vision Fabrics, Première Vision Leather, Première Vision Designs, Première Vision Accessories and Première Vision Manufacturing.
By ordering Products and/or Services on a Website, You are deemed to have fully understood, approved and unreservedly accepted these General Terms and Conditions. The Customer must acknowledge having read these General Terms and Conditions of Sale and Use at the time of making his order by ticking the box “I accept the General Terms and Conditions of Sale”, and must read these after payment and confirmation of his order in PDF format. The Customer are deemed to have unreservedly accepted these Terms and Conditions. Unless stipulated to the contrary, these General Terms and Conditions will prevail over any other clause or stipulation mentioned in the orders, correspondence and other documents exchanged between Première Vision and You. Première Vision may be required to adapt or vary these General Terms and Conditions. Clients will be informed immediately of any such changes, as the Terms and Conditions will be updated on the Website. Orders placed before these General Terms and Conditions are varied will be governed by the version applicable on the order date.
5. PERSONAL INFORMATION
Data collected by Première Vision is strictly necessary to complete the operations undertaken. These operations are conducted by Première Vision for explicit, legitimate and specified purposes. The personal data provided by the Custumer when placing an order is required to enable Première Vision to process and execute orders, Data is primarily processed to manage the Customer’s registration for shows organised by Première Vision. As the party responsible for processing, Première Vision may subcontract such personal data processing via contract to any technical partner it is working with for order processing, to which the Customer expressly consents. Première Vision prohibits transmission of personal data processed in this manner to any other recipient without obtaining the Customer’s prior express permission. It guarantees this data and processing will remain confidential and secure. Personal data processing is performed in compliance with Act No. 78-17 of 6 January 1978 related to information technology, data files and civil liberties. In compliance with conditions outlined by Act No. 78-17 of 06 January 1978 (as amended) related to information technology, data files and civil liberties, the Customer has the right to access, modify, correct and delete information about him. The Customer also has the right to oppose, i) for legitimate reasons, ii) the use of his data for commercial marketing as well as the right to outline directives related to how his personal data can be used after his death. To exercise his rights, the Customer should send Première Vision S.A. a letter with a copy of an identification document to the following address: PREMIERE VISION SA – Service Promotion Visiteurs – 59 quai Rambaud – CS 30162 – 69259 Lyon Cedex 02, or email firstname.lastname@example.org. Première Vision has submitted simplified declaration numbers 558704 and 558700 to the CNIL (French Data Protection Committee), which were registered on 26 December 1997. Whenever the Customer receives a newsletter or other promotional letter, he may click on the ‘unsubscribe’ link provided by Première Vision. When logging into personal Customer Account, the Customer has the choice not to receive the newsletters related to the shows. This data is retained by Première Vision for the duration of the contractual relationship, plus three additional years for sales and marketing purposes, without prejudice to retention obligations or statutory limitation periods.
6. CREATION OF A CUSTOMER ACCOUNT AND CUSTOMER IDENTIFICATION
New Customers must complete the minimum mandatory fields required in order to create a Customer Account on the Première Vision Website (https://www.premierevision.com). New Customers must accurately fill in the available fields and provide the necessary personal details that can be used to identify them, ie: their first name, surname, e-mail address, country and password. New Customers wanting to buy a Product or a Service on the website (https://www.premierevision.com), will be asked to complete – always accurately - their personal details with: an address, a billing address, a job title, their company profile, range(s) of product(s) and market(s) they are in charge of, product(s) level and key areas of focus. When managing his or her account, the Customer undertakes to provide accurate and complete information. If the information provided turns out to be false, inaccurate or incomplete, PREMIERE VISION reserves the right to cancel the Customer’s order without the latter being able to make any claim whatsoever for compensation. Additionally, PREMIERE VISION cannot he held liable for the non-performance or improper performance of the contract resulting from communication by the Customer of false, inaccurate or incomplete information. Customers must choose a login name and a password (which will remain private and confidential). This information will be used to identify them when they log into their Customer Account, which they must do to place an order. Customers acknowledge and accept that their login name and password will be used to authenticate them. Customers who already have a Customer Account must click on ‘Log in’ and enter their e-mail address and password. In case of forgotten or lost password, Customers need to ask to generate a new one through a link sent to the Customer email address (valid only 24 hours). When creating a Customer Account, Customers must provide personal datatheir orders to be recorded and processed, for the relevant invoice to be prepared and for newsletters and promotional letters to be sent to them.
7. PLACING AN ORDER
ORDERS PLACED ON THE WEBSITE
To place an order, You must use the Première Vision Website, log in using an e-mail address and a password, as provided for in Clause 6 above, and access Première Vision’sonline shop at http://shop.premierevision.com. When placing an order on the Website, please choose the Products and/or Services You wish to purchase.
OTHER WAYS TO PLACE AN ORDER
You may wish to place an order in a different way, by sending a letter to Première Vision at the following address:
Première Vision, Promotion Visiteurs, 59 quai Rambaud, CS 30162, 69285 Lyon cedex 02, France Tel.: +33 (0)4 72 60 65 55
Orders are subject to receipt of payment made by cheque (for France only), bank card (by providing the card number) or bank transfer (upon receipt of the relevant amount). You must provide your bank details to Première Vision to pay for the orders You place. Première Vision protects the integrity and confidentiality of Customers’ bank details.
DESCRIPTION AND AVAILABILITY OF PRODUCTS AND SERVICES
The Products and Services proposed are offered in the online shop, subject to availability of stocks and its sales dates.
8. PRICES AND PAYMENT TERMS
Photographs and images showing or illustrating Products on the Website are not contractually binding. If an order is placed for a Product and/or a Service that is unavailable, You will receive notification by e-mail as to whether your order will be delivered in part or cancelled. Première Vision agrees to notify You within forty-eight (48) hours of receipt of the order should a Product and/or a Service be unavailable. If a Product and/or a Service is unavailable and/or if an order is cancelled, Première Vision agrees not to charge You for the Products and/or Services concerned. If the price of the order has already been paid or debited, Première Vision agrees to refund You according to the same payment method or by any other appropriate method, in your name and at your billing address, within fourteen (14) days of payment of the unavailable Products.
The prices of Products and/or Services mentioned on the Website are stated in euros and excluding VAT. If an order is to be shipped to a country other than metropolitan France,You will be the importer of the Products and/or Services concerned. Prices will apply for the duration of the reference period.Outside the reference period, Première Vision reserves the right to change its prices at any time. Products and/or Services will be invoiced according to the prices applicable when the order is registered.
The following methods of payment are accepted: bank card (Visa, Master Card and American Express), cheques (only for banks located in France) and bank transfer (charges to be borne by You). You will be charged in your local currency, according to the bank exchange rate applicable when the transaction is completed. The Première Vision Website uses secure payment technologies (Secure Socket Layer – SSL) to protect the confidentiality and integrity of your bank details during transactions. Transactions are completed by Société Générale: http://www.societegenerale.fr/.
BANK CARD PAYMENTS
Your bank account will be debited immediately following approval of the online payment made on the Website, on the order date. The order will be deemed effective following approval by the relevant bank payment centres. If a payment is rejected by a bank, the order will be automatically cancelled.
PAYMENTS BY BANK TRANSFER OR BANK CHEQUE
If a payment is made by cheque or bank transfer, the order will be deemed effective once the payment has been approved and Première Vision’s account has been credited with the exact amount of the order, notwithstanding the time taken by each bank to debit and process payments.
PAYMENT APPROVAL AND ORDER CONFIRMATION
You are responsible for all the information You provide during the order process. Première Vision will not be liable for the consequences of any errors in the information entered by You. Once the order has been confirmed, You will receive at least the following:
- an order confirmation e-mail sent automatically to your e-mail address;
- an invoice, regardless of the method of payment used, sent to your e-mail address; and
- these General Terms and Conditions in PDF format, sent by e-mail.
RETENTION OF TITLE
Products and/or Services ordered by You will remain the exclusive property of Première Vision until the full price thereof has been paid by You.
An order will be deemed final on the condition that the authorised payment centres approve the relevant payment. If a payment is not approved, the order will be automatically cancelled. You will be notified as soon as possible if Première Vision is unable to fulfil an order. Première Vision also reserves the right to cancel an order placed by a Customer with whom it is in dispute. The allocation of an e-pass is subject inter alia to compliance with the Internal Rules applicable to the relevant shows organised by Première Vision, which are appended to these General Terms and Conditions.
9. SHIPMENT OF ORDERS
ORDERS FOR SERVICES
Orders for Services such as an e-pass during the pre-registration process will only be sent by e-mail. You will receive an e-pass by e-mail, which must be presented on paper o rsmartphone at the appropriate desk on arrival at the Show, where it will be exchanged for a badge. Orders for Services such as tickets to seminars may only be placed by holders of a pass or an e-pass for Première Vision Paris Shows. Seminar tickets may be purchased at the same time or after a pass or an e-pass and subject to availability (limited seats).
If an order for Services is placed on line during the online registration process, You will receive confirmation of the booking by e-mail. The booking will then be mentioned on the pass produced on arrival at the Show.
ORDERS FOR PRODUCTS
From 1 June 2015, the colour ranges orders are no longer shipped. As soon as PRODUCTS are available in the online shop, Custumers will be able to ORDER ON-LINE and will then PICK UP the ordered product(s) directly at the next Première Vision Paris show, 19th to 21st September 2017, Parc d’Expositions – Paris Nord Villepinte 95975 Roissy-Charles de Gaulle.
10. ACCESS TO AND AVAILABILITY OF THE WEBSITE
10.1 The Customer is responsible for putting in place the IT and telecommunications facilities permitting access to the Site. He or she must bear the telecommunications cost swhen accessing the Internet and using the Site. The Customer accepts the characteristics and limitations of the Internet, and in particular acknowledges:
- being aware that the performance of the Site depends to a great extent on its own computer workstation, modem and type of connection chosen;
- being aware of the nature of the Internet network, particularly its technical performance and response times for accessing, querying or transferring information or content;
- the need to take all appropriate steps to protect his or her own data and/or equipment against contamination by any computer viruses or attempted intrusion likely to interfere with the proper operation of or damage to IT equipment.
10.2 - PREMIERE VISION undertakes to employ its best endeavours to maintain online access to the sales service. PREMIERE VISION however is only bound to an obligation of best endeavours and cannot guarantee continuous, permanent and uninterrupted operation of the service. PREMIERE VISION reserves the right to temporarily or permanently interrupt access to the Site, including for reasons of maintenance, updates or improvements or to add to its content and/or presentation without prior notice or any right whatsoever to compensation, although PREMIERE VISION will, insofar as possible, notify Customers in advance of such operations. PREMIERE VISION cannot be held liable in any circumstances whatsoever for technical problems or difficulties due to maintenance or a failure of its network or communications problems of the Customer’s Internet access provider.
11. CANCELLATION - POSTPONEMENT - FORCE MAJEURE
10.3 - Conservation: PREMIERE VISION’s automatic registration systems are deemed to be valid proof of the electronic contract and its date, which the Customer expressly accepts.
PREMIERE VISION reserves the right at any time to change the dates of opening and the duration of its shows, to decide on their extension, postponement or early closure
12. DISPUTE RESOLUTION – GOVERNING LAW
without the right of visiting Customers to claim any compensation. PREMIERE VISION cannot be held liable for any compensation in the case of occurrence of an event of force majeure or an unforeseeable event as defined by Article 1148 of the Civil Code. Sums paid to PREMIERE VISION by the Customer as at the date of occurrence of an event of force majeure will be reimbursed to the Customer, subject to deduction of any internal and external charges incurred by PREMIERE VISION in connection with the implementation of the Services which are the subject matter hereof. The cancellation, postponement or change of duration of a show by PREMIERE VISION due to:
- closure by the authorities imposed as the result of serious incidents and/or decided upon by an authority with powers in matters of security or by the administrative or judicial police,
- proven threat of terrorism or the commission of an act of terrorism,
is within the scope of force majeure as defined above.
These General Terms and Conditions comply with French law. Première Vision will not be liable for any breach of the legislation in force in the country where the Products and
Services are delivered or used. Première Vision will not be liable for any breach of contract that arises due to force majeure, a natural disaster, strikes and/or unusual bad weather, or the disruption or partial or complete strike of the postal services and means of transport and/or communication. These General Terms and Conditions are to be construed and performed in accordance with French law. In the event of a problem of interpretation, the French version of these General Terms and Conditions will prevail. The courts within the jurisdiction of the Court of Appeal of Lyon (France) will have exclusive jurisdiction over any dispute that arises in connection with orders, payments or deliveries, or the validity or performance of these General Terms and Conditions.
13. INTELLECTUAL PROPERTY
All of the text, comments, illustrations, works and images that are reproduced or displayed on Première Vision’s websites are strictly reserved on the basis of Première Vision’s intellectual property rights. The reproduction and display of the whole or part of Première Vision’s websites or of some or all of the elements on Première Vision’s websites is strictly prohibited. Première Vision or a duly authorised representative of its choosing may take legal action on the basis of any breach or infringement.
The schedules are an integral part of these General Terms and Conditions.
SCHEDULE 1 : PREMIÈRE VISION YARNS, FABRICS, LEATHER, DESIGNS, ACCESSORIES, MANUFACTURING SHOWS RULES AND REGULATION FOR VISITORS
ARTICLE 1 - ENTRY TO THE SHOWS
1.1. Entry to the Shows concerns mainly trade visitors from the Textiles and Clothing industry. We would ask you to carry some form of personal and professional identification that you may be asked to produce at any time for security purposes.
1.2. All commercial activities (sale, distribution, various commercial transactions) are strictly forbidden except on exhibitors’ stands. This rule applies to the whole of the Parc des Expositions (car parks, reception area, station approaches).
1.3. Access to the Shows is paying and valid for the duration of the Shows. The entry fee for visitors is decided by PREMIERE VISION S.A., rates are available on PREMIERE VISION S.A. web site or at the entrance of the Shows on each cash desks.
ARTICLE 2 - REQUIREMENTS
Visitors are required to observe strictly the Rules & Regulations as well as the public order, police and security regulations decided upon by the Organizers and the authorities.
2.1. Badge wearing:
- Whilst inside the Shows area, visitors are required to wear the badge issued to them either on entry to the Shows or by post.
- Personal badges must be worn at all times when at the Shows.
- All badges must correspond to the actual identity or job title of the wearer.
2.2. Photographs - Films:
- Neither photographic equipment (camera, television camera or camcorder…) nor magnifying glass are permitted in the Shows. These restrictions do not apply to photographers authorized by the Organisers.
The following is strictly forbidden:
- Cut off bits of presented fabrics, leathers or furs, designs, garments or any other kind of sample, and pull or take threads from them, tear off accessories.
- Bring to or present at the Shows fibre, yarn, fabric, leather or fur, garment accessories, manufactured garments or drawing collections anywhere other than the exhibitors’ stands.
2.4. Copying – Forgery: It’s strictly forbidden to make precise sketches of the fabrics, designs, leathers or furs, accessories, garment prototypes or other samples shown in the Trend areas. In case of a dispute, the COPYRIGHT® unit alone, as the controlling body, is authorized to resolve conflicts.
2.5. Luggage: All luggage should be left at the cloakrooms.
2.6. Phones: Cellular phones are forbidden on the Forums.
ARTICLE 3 - SANCTIONS
In order to ensure the smooth running of the Shows, the Organizers reserve the right:
- To exclude any person infringing present rules and regulations.
- To confiscate any photographic film brought into the Shows without authorization.
- To confiscate any sketch or drawing executed for the purposes of copying or forgery.
- To confiscate any unauthorized fabrics, leathers or furs, designs, yarns, fibres, accessories or garment prototypes collection.
If necessary, the Organisers may call upon the police to maintain the quality of the Shows organisation and to protect the exhibitors against copying and forgery.
ARTICLE 4 - MISCELLANEOUS
Neither children nor animals are admitted to the Shows. Walkie-talkies or any other means of radio communication are not permitted.