Terms and conditions of sale

GENERAL

These General Terms and Conditions of Sale, hereinafter referred to as the “GTCS”, are valid from 14 May 2018 and take precedence over any other version or any other contradictory document. These GCS form the basis of the commercial negotiations between the Parties and apply to each Order. The purpose of the GTCS is to define all the terms and general conditions for the performance of the Services ordered by the Customer from VITIS FABULA – INCUBATEST par BGE LC. The Customer acknowledges that he/she has read and understood these GCS at the time of placing the Order and expressly declares that he/she accepts them unreservedly. In accordance with the provisions of article L 441-6 of the French Commercial Code, these GCS are systematically communicated to any Customer who requests them from VITIS FABULA – INCUBATEST par BGE LC. If any provision of these GCS is lacking, it shall be deemed to be governed by current practice in the consultancy sector.

ARTICLE 1 – DEFINITIONS

“Offer” refers to the commercial offer provided by VITIS FABULA – INCUBATEST par BGE LC to the Customer. “Service” refers to the service ordered by the Customer from VITIS FABULA – INCUBATEST par BGE LC. “Order” refers to the document defining the specific terms and conditions for performing the Service(s) ordered by the Customer from VITIS FABULA – INCUBATEST par BGE LC. “Territory” refers to the place of performance and delivery of the Services defined in the Order by VITIS FABULA – INCUBATEST par BGE LC. “Customer” refers to the Customer of VITIS FABULA – INCUBATEST par BGE LC. VITIS FABULA – INCUBATEST par BGE LC refers to the company VITIS FABULA – INCUBATEST par BGE LC. “Parties” refers collectively to the Customer and VITIS FABULA – INCUBATEST par BGE LC.

ARTICLE 2 – ORDERING

2.1 VITIS FABULA – INCUBATEST par BGE LC provides the Customer with a commercial proposal constituting the Offer. If the Offer is accepted, the Customer places an Order, incorporating the terms and conditions of the Offer.

2.2 Unless otherwise stipulated, Orders must be placed in writing in electronic form on the VITIS FABULA – INCUBATEST par BGE LC website. It implies acceptance of these general terms and conditions.

2.3 The Customer purchasing a Service on the VITIS FABULA – INCUBATEST par BGE LC website acknowledges that he/she has the capacity to contract under the conditions described in these GTC, i.e. that he/she is at least 18 years old, is legally capable of contracting and is not under guardianship or tutelage. The Customer attests to the truthfulness and accuracy of all the information provided when placing an order.

2.4 By booking, the Customer agrees to assume full and complete financial responsibility, including when acting on behalf of other persons who have authorised the Customer to book on their behalf. In this case, the said persons are jointly and severally liable for payment of the Services booked on their behalf. It is the Customer’s responsibility to inform these persons of these GCS, specifying that they apply to them.

2.5 The purchase of a Service implies the Customer’s full acceptance, in his own name and on his own behalf, but also on behalf of all persons benefiting from the order, of these GCS and the unreserved acceptance of all of their provisions.

ARTICLE 3 – PRICES

3.1 The prices of the Services indicated in Euros are those in force at the time the Order is placed and are firm and non-revisable. The prices of the Services include value added tax (VAT) at the French rate in force on the day on which the Order is placed. Any change in the applicable French VAT rate will automatically be passed on to the Customer by “VITIS FABULA – INCUBATEST par BGE LC” on the price of the Services.

3.2 The prices of the Services are set out in the Order.

3.3 Any charges or services not included in the price of the Services are listed and specified in the Offer.

ARTICLE 4 – CONDITIONS OF USE OF THE SITE AND TERMS OF PAYMENT FOR SERVICES

4.1 Unless otherwise stipulated, the price of the Services must be paid by the Customer to VITIS FABULA – INCUBATEST par BGE LC when the Order is placed on the VITIS FABULA – INCUBATEST par BGE LC website. Payment can only be made by credit card. Online payment on the site is secured using the https standard. The online payment module is the responsibility of Stripe.

4.2 The characteristics of the Services that may be ordered appear on the VITIS FABULA – INCUBATEST par BGE LC website. However, the photos presented are not contractually binding. By placing an order, the Customer implicitly acknowledges having obtained all the information on the nature and characteristics of this Service. The reservation made is only valid for the date and/or period and the Service chosen by the Customer when placing the Order.

4.3 Once payment has been made, the Order is binding and cannot be modified or cancelled by the Customer.

4.4 On this site, VITIS FABULA – INCUBATEST par BGE LC does not guarantee the Customer the absence of anomalies, errors or bugs likely to affect browsing or the correct operation of a proposed function, or the absence of interruption or breakdown when using the site.

4.5 VITIS FABULA – INCUBATEST par BGE LC cannot be held responsible for the content of sites to which the Customer is referred via hypertext links, the sole purpose of which is to facilitate the Customer’s searches. The third-party sites to which the Customer is referred are solely responsible for the information published on their sites, as well as the processing of the personal data of the user accessing these sites.

ARTICLE 5 – TERRITORY AND TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

5.1 The Territory of the Services is strictly defined by the Order.

5.2 The Services offered on the site take place on the dates and at the times indicated. Participants are advised to arrive around fifteen minutes before the specified time. The duration of the Services may vary slightly, depending in particular on the number of participants and the existing interactivity between the participants and VITIS FABULA – INCUBATEST par BGE LC.

5.3 The times indicated must be respected in order to ensure that the Event runs smoothly. The various VITIS FABULA – INCUBATEST par BGE LC Partners are not obliged to wait for a late participant. No reimbursement will be made in the event of late arrival or late arrival at the Event venue.

ARTICLE 6 – MODIFICATION, CANCELLATION

Due to the customer

6.1 In the event of the Customer interrupting the Event or failing to appear at the Event, no refund will be made.

6.2 Any purchase of a gift voucher is non-cancellable and non-refundable.

The seller’s fault

6.3 If, before the scheduled start date of the Service, VITIS FABULA – INCUBATEST par BGE LC or one of its Partners is obliged to make a change to one of the essential elements of the Service, the customer may, after having been informed :

– cancel the booking and obtain a refund of the sums paid ;

– accept the change to the services offered.

6.4 If VITIS FABULA – INCUBATEST par BGE LC is obliged to cancel the Event before the scheduled start date, the client will be offered an alternative date.

6.5 Insufficient numbers of participants for certain Services may be a valid reason for cancellation.

6.6 If a postponement is not possible, the customer will receive a full refund.

6.7 In the event of the cancellation or modification of the date, time or location of an Event for which the Customer has booked, the Customer accepts that VITIS FABULA – INCUBATEST par BGE LC may use the contact details that the Customer entered at the time of booking to keep the Customer informed of the next steps to be taken.

ARTICLE 7 – CONFIDENTIALITY

7.1 VITIS FABULA – INCUBATEST par BGE LC undertakes, throughout and at the end of the Service, not to disclose any document entrusted to it by the customer, regardless of the nature of the information. However, VITIS FABULA – INCUBATEST par BGE LC cannot be held responsible for the disclosure of this information if it is in the public domain or if it has been regularly obtained from other sources.

7.2 The Customer undertakes not to divulge to third parties any information relating to the know-how and methods used by VITIS FABULA – INCUBATEST par BGE LC.

7.3 VITIS FABULA – INCUBATEST par BGE LC may mention the name of the company as a historical customer, unless the Customer expressly disagrees by e-mail to the use of its name as a reference.

ARTICLE 8 – EVIDENCE

8.1 It is expressly agreed that, except in the event of a manifest error on the part of VITIS FABULA – INCUBATEST par BGE LC for which the Customer would provide proof, the data stored in the reservation system has evidential value with regard to orders placed by the Customer. Computerised or electronic data constitute valid proof and as such are admissible under the same conditions and with the same evidential value as any document drawn up, received or kept in writing. The Services provided to the Customer are those set out in the order or reservation confirmation email, in accordance with the content of the Services as described on the site on the date of the order or reservation. VITIS FABULA – INCUBATEST par BGE LC invites the Customer to check his electronic mail and in particular his junk mail.

ARTICLE 9 – WITHDRAWAL PERIOD

9.1 In accordance with article L.221-28 12 of the French Consumer Code, the 14-day right of withdrawal does not apply to contracts for “the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities to be provided on a specific date or during a specific period”. Consequently, no request for reimbursement can be considered once the booking has been validated.

ARTICLE 10 – GUARANTEE AND INSURANCE

10.1 VITIS FABULA – INCUBATEST par BGE LC guarantees to the Customer the proper performance of its Services, as defined in the Offer and in accordance with good practice. The warranties granted hereunder constitute the sole warranties for which VITIS FABULA – INCUBATEST par BGE LC is liable in respect of the Services and prevail over any other warranty.

10.2 VITIS FABULA – INCUBATEST par BGE LC certifies that it has taken out, and undertakes to maintain in force for the entire duration of its commitments under this contract, professional indemnity insurance with a reputable and solvent insurance company established in France, covering the financial consequences of its civil, professional and/or contractual liability as a result of any damage or injury that may be caused to the customer or any third party in the performance of this contract.

ARTICLE 11 – LIMITATION OF LIABILITY

11.1 VITIS FABULA – INCUBATEST par BGE LC provides a service. As such, VITIS FABULA – INCUBATEST par BGE LC is only subject to an obligation of means towards the Customer.

11.2 VITIS FABULA – INCUBATEST par BGE LC may not be held liable for any damage resulting from errors in documents or information supplied by the Customer.

11.3 In the event that VITIS FABULA – INCUBATEST par BGE LC is held liable in connection with the provision of the Service, the Customer may only claim damages from VITIS FABULA – INCUBATEST par BGE LC up to the amount of the sale price (excluding VAT) of the Service, regardless of the nature of the loss.

11.4 The overall liability of VITIS FABULA – INCUBATEST par BGE LC hereunder is limited solely to direct material damage caused to the Customer resulting from duly proven faults attributable to VITIS FABULA – INCUBATEST par BGE LC.

11.5 The Customer and his/her insurers, for whom he/she acts as guarantor, declare that they waive any recourse against VITIS FABULA – INCUBATEST par BGE LC and its insurers beyond the limits and exclusions set out above.

ARTICLE 12 – FORCE MAJEURE

The performance of the obligations incumbent on each of the Parties under the terms of these GCS will be suspended by the occurrence of an event constituting force majeure in the usual sense of the term and including, but not limited to, natural disasters, acts of public authority, embargoes, strikes, exceptional weather conditions preventing delivery, insurrections and riots. The Party wishing to invoke such an event must immediately notify the other of its commencement and, where applicable, its end, failing which it may not be relieved of its liability. Both Parties will make every effort to prevent or reduce the effects of non-performance of the Service caused by this event. The other Party reserves the right to verify and check the reality of the facts.

ARTICLE 13 – GENERAL INTERPRETATION PROVISIONS

The Parties agree that in the event of a dispute over the interpretation of any clause of the GTCS, the interpretation that may be given to it by the Court shall prevail. The said GCS shall be amended accordingly. Furthermore, the illegality of a clause applies only to that clause and does not entail the illegality of the GTCS as a whole.

ARTICLE 14 – PROTECTION OF PERSONAL DATA

14.1 All information requested by VITIS FABULA – INCUBATEST par BGE LC when placing an Order is compulsory. If one or more items of compulsory information are missing, the Order may not be placed.

14.2 Pursuant to the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016), the Company is responsible for compliance with the protection of personal data.

In accordance with the French Data Protection Act of 06/01/1978, as amended by the Act of 6 August 2004, the Customer has the right to access, rectify and object to information concerning him or her, which may be exercised by writing to VITIS FABULA – INCUBATEST par BGE LC, Bât IN’ESS, 30 avenue Pompidor, 11100 Narbonne.

ARTICLE 15 – SETTLEMENT OF DISPUTES

Both the interpretation and implementation of these GCS and the Order are governed by French law. In the absence of an amicable settlement, the Commercial Court of NARBONNE shall have exclusive jurisdiction over any disputes to which the GCS and the Order may give rise, concerning their validity, interpretation, performance, termination, consequences or consequences thereof, even in the event of a third party claim or multiple defendants.