Any signature of contract or estimate with SAS AMOREN means the acceptance of these General Conditions of Sale which apply by right. A signed estimate is worth contract.
The present general conditions of sale aim to define the contractual relations between the Société par Actions Simplifiée AMOREN with a capital of 5 000 €, whose head office is located at 24 Rue du Bastion Saint-Nicolas, 17000 La Rochelle (885 277 384 R.C.S. La Rochelle, NAF / APE : 8230Z), or its staff, its subcontractors, its service providers and more generally all the intervening parties of its fact and the Customer.
SAS AMOREN reserves the possibility of modifying its general conditions of sale at any time without notice and without this modification opening right to compensation to the profit of the Customer.
The services offered are (non-exhaustive list): the organization of an event, the search for service providers, the musical DJ animation, the lighting and the sound system. All these services are provided by SAS AMOREN and/or all its staff, its subcontractors, its providers and more generally all the participants of its fact. The services are not nominative (the mention of the provider is indicative). In case of unforeseen event or unavailability of one of its providers, SAS AMOREN reserves the right to replace him/her, while providing the Client with a service equivalent to the one agreed upon in the contract between the parties.
Send the dated and signed estimate, approved by the mention "good for agreement" in accordance with the terms of the estimate presented. The Customer has 15 working days (from the date of receipt of the estimate) to communicate his agreement to the provider.
Fill in the specifications (the preparation form) and send it by email within the established deadlines (at the latest 1 month before the D-day). Once completed and sent, it will not be modified after being approved by the provider, unless otherwise agreed. In the event that modifications would imply a substantial reworking of the initial contract, these may be invoiced in addition.
Provide the necessary audio/visual* elements, certifying that they have all related event broadcasting rights. Only the Сlient's responsibility can be engaged in this respect.
To inform of all useful deadlines and documents necessary for the apprehension of the needs and the good execution of the services.
Strictly comply with the technical recommendations made by the provider.
Guarantee the Provider against any action that could be brought against it due to the character of the data or information that would have been provided or chosen by the Сlient.
To pay, within the time limits provided (see Article 4.5), the sums due to the provider.
To intervene in the elaboration of the specifications jointly with the Сlient and to propose a service offer including all the ordered elements.
To inform the Customer in a regular and effective way of the progress of the realization of the contract, in particular through validations submitted (validation of the musical choices and the constraints and supports necessary to the possible animations, titles intended to underline the strong moments of the event...).
Prepare and perform its services in accordance with the contract.
The contract takes effect on the date of signature. The duration of the services is specified in the specifications (pre-signed preparation form).
The nature and the date of the service, as well as the hourly volume planned are the 3 main criteria used to define the rates. The rates are communicated subject to the availability of products, services and providers, and can thus be modified at the time of the reservation. A new estimate will then be sent to the Customer. Also, SAS AMOREN reserves the right to revise the rates in case of currency fluctuations, possible fuel increases or any other variations beyond our control.
For individualsAll reservations for artistic, DJ, lighting or sound services must be accompanied by the payment of a deposit (amount indicated on the estimate). The reservation is acquired after reception of the approved estimate and effective cashing of the deposit.
For the professionalsThe validation of the contract is done at reception of the signed estimate, accompanied by a transfer of installment of 30% (except contrary mention).
In the event of a breach by either party of any of its obligations hereunder, the other party shall be entitled to terminate the contract, subject to any damages to which it may be entitled.
In case of cancellation of the event by the Client, the deposit will be kept by SAS AMOREN as compensation for breach of contract.
As an exception, the solution of postponing of the date may be considered, subject to the availability of the new date in the agenda of SAS AMOREN.
In case of the impossibility of postponement, the cancellation by the Customer is subject to the following conditions:
In the same way, in case of impossibility to realize the event, SAS AMOREN reserves the right to call upon a subcontractor to provide the Client with the service equivalent to the contract. In case of impossibility to call upon a subcontractor, SAS AMOREN reserves the right to terminate the contract unilaterally. In this case, the deposit will be entirely returned to the Client (except in case of force majeure**).
All cancellations must be justified and sent by registered mail.
The invoice is sent to the Customer for the payment of the deposit and the balance. L'deposit must be paid by bank transfer within 15 days after the signature of the of the estimate. The balance must be paid either by bank transfer at the latest 15 days before the D-day or, failing that, in cash on the D-day (on the arrival of the provider on the premises and at the latest before the beginning of the meal).
Cheques are no longer accepted (Article L113-3 of the Consumer Code)
For professionals, the 30 days end of month deadline is applicable.
№ Intracommunity VAT: FR03 885 277 384
Application of articles L441-3 and L441-6 of the Commercial Code.
Any delay or failure to pay will automatically result in:
This penalty is calculated on the amount of the outstanding amount, exclusive of tax, and runs from the day following the payment date indicated on the invoice until full payment, without any reminder or prior notice of default being necessary. The applicable rate is calculated pro rata temporis. A fixed indemnity for collection costs of 40€ (forty euros) will also be applied.
The parties agree to maintain the strict confidentiality of all information and internal documents obtained or exchanged in the course of the contract and its execution. The Client shall in particular respect the Provider's know-how, and the Provider shall consider as confidential all information transmitted by the Client in the context of the execution of the present contract. The Provider may freely include the first name of the particular Customer on a list of references and events on its website. If he so wishes, the Customer may leave a comment on the Provider's profiles. This comment may be subject to moderation (according to the Terms and Conditions of the different platforms).
SAS AMOREN reserves the right to add to its website the logo and brand of its professional customers as references.
Personal information is necessary for the management of orders and commercial relations. In accordance with the law relating to data processing, the files and freedoms of January 6, 1978, the information with personal character relating to the purchasers could be the subject of an automated treatment. The users have a right of access and of correction of the data concerning them.
According to the article L 122-5-1° of the Code of the intellectual property: for any demonstration with orchestra, spectacle, music and/or paid disc-jockey, a declaration is made by the Customer near the SACEM. The Customer undertakes to pay all rights related to the event. Only the private events known as "family" are exempted from this obligation.
The Provider holds all the author's rights to all the services provided hereunder. The Provider hereby transfers to the Client, subject to the latter having fully paid the price and expenses referred to in Article 4.5 above, all the rights to the said services. In the event of non-payment of the price in full within the agreed period, the Client undertakes to return to the Provider all elements and documents in its possession relating to the services provided by the Provider, on any medium whatsoever, as well as any copies that may have been made. The Client waives any use, in any form whatsoever, of the work, studies, achievements and/or developments carried out by the Provider under the present contract. In any case, the Provider retains ownership of the methods, know-how and processes that it will have developed or implemented in the context of the present contract, and that it may freely use for other projects for the benefit of third parties.
The Provider undertakes to take out the necessary insurance to cover its civil liability for any direct physical, material or immaterial damage for which it may be held responsible. By damage, it is to be understood that those of any nature that it, its staff, its subcontractors, or its service providers would come to cause directly to the Customer, to the Customer's staff or to third parties. The Provider undertakes to maintain these guarantees throughout the execution of the contract and to justify them at the request of the Customer.
If the venue chosen by the Client is not equipped with a sound pressure limiter, the Provider cannot be held responsible in case of tinnitus or auditory nuisance that the Client and/or his guests may suffer. Similarly, in case of noise pollution in the neighborhood or if the limiter of the place of reception is set below the limit of 102 dB(A) (in accordance with the decree of December 15, 1998 on the requirements applicable to establishments or premises receiving the public and broadcasting amplified music on a regular basis), the provider is not responsible in case of forced cessation of the service by the authorities or by the cut of the electric power due to the setting of the limiter below the standards, the Customer can not claim reimbursement of the service.
If the place chosen by the Customer is equipped with a sound pressure limiter, set below 102 dB(A), the Provider reserves the right to refuse the service. Similarly, if the location chosen by the Client is equipped with a smoke detector, the Client is required to clearly inform the Provider, failing which the Provider cannot be held responsible in the event of a fire alarm being triggered.
The Client will be held responsible in case of damage or destruction of material, whether voluntary, accidental, negligent or clumsy, and will be required to reimburse the Provider for the damage caused. The deterioration/theft of the provider's material during the event and committed by one of your guests or a participant, will be the subject of an invoice. The amount of this one will be to honor at the end of the service. The amount of the deterioration will be estimated at the price of the new.
Furthermore, the Provider shall not be held responsible for any failure of the electrical installation of the premises. The Client shall ensure that in addition to the power required by the other service providers, the electrical installation shall be able to deliver 3.6 kW (230 V, 16 A) on two separate electrical lines.
The responsibility of the provider will be entirely released as from the end of the service; or if all or part of this contract could not be carried out, because of causes independent of its will.
The possible responsibility of the provider, could not involve compensations higher than the sum paid by the Customer for the services envisaged with the present contract.
As the equipment fleet is regularly renewed, it is possible that some items may be replaced by items equivalent to those mentioned in the estimate. The indication on the marks and the models used for the service is given as an indication.
The provider will carry out its services in respect of the rules of art in use in the profession, it is expressly agreed that it will be held only to a general obligation of means.
Unless otherwise specified and mentioned in the specifications, the services of SAS AMORENare personalized services. As such, within the framework of the DJ services, SAS AMOREN commits itself, through its high-end commercial policy, to respect at least 80% of the musical choices of the Customer. This top-of-the-range service can be required only if the conditions of preparation respected the clauses envisaged by the present.
Any personalized playlist must be communicated to the DJ provider at least 1 month before the event in order to be analyzed and integrated into the program of the evening. It will have to be approved by the DJ provider who will inform the Client by e-mail. In the event that the DJ provider does not have all the requested tracks, the Client will provide those that are not part of the "Generalist" standard at least 1 month before the event.
SAS AMOREN shall not be held responsible for the inability of the Client to provide these non-standard titles in a usable format*.
The profile of the playlist is defined between the Customer and SAS AMOREN before the event. However, during the event, the Client will be able to intervene with the DJ in order to direct his musical choices. He will then be responsible for the satisfaction of his guests and will release any responsibility on behalf of SAS AMOREN.
Unless otherwise specified in the contract, the maximum time of end of a DJ service is 4 am, the provider reserves the right to accept or not to make additional hours. Any additional hour, beyond the scheduled time of the service, will be charged 100 euros HT. SAS AMOREN will be able to prolong the dance party to the maximum until 8 am if however the regulation of the places allows it.
In the event that the service provider is unable to provide the service on the day of the event, SAS AMOREN commits itself to do its best to find a suitable solution in order to realize the service.
In the event of dissatisfaction with the DJ program, the Customer must clearly state this as soon as he/she feels the need to do so and argue his/her complaint.
Any service carried out until its term - envisaged in the contract, will not be able to give place to any complaint and will not be able to be the subject of any refunding.
The contract may be terminated in the event that the Provider is the victim of abuse or abnormal behavior on the part of the organizer, the owner of the reception venue, the Clients or the guests.
In the case of deliberate damage to the equipment provided by the provider, circumstances where his physical integrity would be endangered, or if the organizer does not respect the clauses of this contract, the provider may leave the premises of the service, the organizer will remain liable for any amounts due.
In the event of a dispute between the parties, the Customer is required to pay the full amount of the service still due, before filing a claim. Only the Commercial Court of La Rochelle will be declared competent, notwithstanding the plurality of defendants or appeal in guarantee.
* Audio/visual elements of usable quality and format, music files in MP3 format with a minimum compression quality of 192Kbps (320Kbps preferred); Windows and/or Mac compatible video; Slideshow in PPT/PPTX or executable format.
** Force Majeure : Events or incidents beyond the control of the parties (such as strikes, social unrest, public calamities, fires). Epidemics only constitute a case of force majeure when they are considered as such by the Government of the French Republic (or the country where the service actually takes place).
Version 1.1 of the General Sales Conditions of SAS AMOREN
Copyright SAS AMOREN © - August 2020 Edition