GTC

Any contract or quotation signed with SAS AMOREN means the acceptance of these General Conditions of Sale which apply by right. A signed estimate is worth contract.

 

  1. CONTRACTUAL OBJECT

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 participants 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.

 

  1. SERVICES

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 service providers and more generally all the participants of its fact. The services are not nominative (the mention of the provider is indicative). In the event of unforeseen circumstances or unavailability of one of its service providers, SAS AMOREN reserves the right to replace him/her, while providing the Client with a service equivalent to that agreed upon in the contract between the parties.

 

  1. GENERAL OBLIGATIONS OF THE PARTIES

 

3.1 THE CUSTOMER AGREES TO :

Send the quote dated and signed, approved by the mention "good for agreement" in accordance with the terms of the quote presented. The Client has 15 working days (from the date of receipt of the quotation) to communicate his agreement to the service provider.

Fill in the specifications (the preparation form) and send it by e-mail within the established deadlines (at the latest 1 month before the D-day). Once filled in and sent, it will not be modified once it has been approved by the service 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 the related event broadcasting rights. Only the Сlient's responsibility can be engaged in this respect.

To inform of all the 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 service 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.

 

3.2 THE PROVIDER UNDERTAKES TO :

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 Client regularly and efficiently of the progress of the contract, in particular through validations submitted (validation of the musical choices and constraints and supports necessary for the possible animations, titles intended to underline the strong moments of the event...).

Prepare and perform its services in accordance with the contract.

 

  1. THE CONTRACT

 

4.1 DURATION OF 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).

 

4.2 RATES

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 may therefore be modified at the time of booking. A new estimate will then be sent to the Client. 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.

 

              4.3 RESERVATION

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 professionalsThe validation of the contract is done upon receipt of the signed estimate, accompanied by a deposit of 30% (unless otherwise stated).

 

4.4 TERMINATION

In the event of a breach by one of the parties of any of its obligations hereunder, the other party may 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.

In exceptional cases, 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 impossibility of postponement, the cancellation by the Customer is subject to the following conditions:

  • If it occurs between 6 and 2 months preceding the event, 80% of the total amount will be invoiced to the Client, except in cases of force majeure** and death (proof of death may be requested).
  • If it occurs less than 2 months prior to the event, the service provider reserves the right to demand payment of the full amount still due (except in cases of force majeure**)

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 by registered mail.

 

4.5 BILLING AND PAYMENT

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 of 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 D-day (on 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 deadline of 30 days end of month is applicable. 

№ Intracommunity VAT: FR03 885 277 384

 

              4.6 LATE PAYMENT

Application of articles L441-3 and L441-6 of the Commercial Code.

Any delay or failure to pay will automatically result in :

  • the immediate payment of any remaining amount due,
  • the calculation and payment of a late payment penalty in the form of interest at a rate equivalent to three (3) times the legal interest rate in force on the day the services are invoiced.

This penalty is calculated on the amount of the outstanding amount, exclusive of tax, and runs from the day following the date of payment shown 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.

 

4.7 CONFIDENTIALITY & REFERENCES

The parties undertake to maintain the strict confidentiality of all information and internal documents obtained or exchanged within the framework 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 Client on a list of references and events on his website. If he so wishes, the Client may leave a comment on the Provider's profiles. This comment may be subject to moderation (according to the Terms and Conditions of the various platforms).

SAS AMOREN reserves the right to add to its website the logo and brand of its professional customers as references.

 

4.8 PERSONAL INFORMATION

Personal information is necessary for the management of orders and commercial relations. In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a nominative nature relating to the purchasers could be the subject of an automated treatment. Users have the right to access and rectify data concerning them.

 

  1. PERFORMANCE OF SERVICES

 

5.1 COPYRIGHT AND INTELLECTUAL PROPERTY

According to article L 122-5-1° of the Intellectual Property Code: for any event with a paid orchestra, show, music and/or disc jockey, a declaration is made by the Client to the SACEM. The Client undertakes to pay all rights related to the event. Only "family" private events are exempt 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 timeframe, the Client undertakes to return to the Service Provider all elements and documents in its possession relating to the services provided by the Service 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 service provider under the terms of this agreement. 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 which it may freely use for other projects for the benefit of third parties.

 

              5.2 INSURANCE

The service 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, we mean damage of any kind that it, its staff, its subcontractors or its service providers may cause directly to the Client, to the Client's staff or to third parties. The service provider undertakes to maintain these guarantees throughout the execution of the contract and to justify them at the request of the Client.

 

5.3 LIMITATION OF LIABILITY

If the venue chosen by the Client is not equipped with a sound pressure limiter, the service provider cannot be held responsible in the event of tinnitus or auditory nuisance that the Client and/or his guests may suffer. Similarly, in the event of noise pollution in the neighbourhood or in the event that the limiter of the venue is set below the limit of 102 dB(A) (in accordance with the decree of 15 December 1998 relating to the requirements applicable to establishments or premises receiving the public and broadcasting amplified music on a regular basis), the service provider is not responsible in the event of the forced cessation of the service by the public authorities or by the cutting of the electric current due to the setting of the limiter below the standards; the Client cannot claim reimbursement for the service. 

If the place chosen by the Client 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 obliged to clearly inform the Provider of this, failing which, the latter 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 service provider for the damage caused. The deterioration/theft of the provider's equipment during the event and committed by one of your guests or a participant, will be the subject of an invoice. The amount of this will be paid at the end of the service. The amount of the deterioration will be estimated at the price of new.

Furthermore, the service provider cannot be held responsible in the event of a 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 service provider cannot lead to compensation higher than the sum paid by the Client for the services provided for in this contract.

As the fleet of equipment is regularly renewed, it is possible that certain items may be replaced by items equivalent to those mentioned in the estimate. The indication of the brands and models used for the service is given as an indication.

The service provider will carry out its services in compliance with the rules of art used in the profession, it is expressly agreed that it will only be bound by a general obligation of means.

 

5.4 PLAYLIST

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 so that it can be analysed and integrated into the evening's programme. 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 tracks requested, 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 Client and SAS AMOREN before the event. However, the Client will be able to intervene with the DJ during the event 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.

 

5.5 SPECIAL CASES

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 at 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 undertakes to do its utmost to find a suitable solution in order to carry out the service.

 

5.6 COMPLAINTS

In case of dissatisfaction with the DJ program, the Client must clearly state this, as soon as he feels the need to do so, and argue his complaint.

Any service performed until the end of the contract will not give rise to any claim and will not be reimbursed in any way.

 

5.7 DISPUTE

The contract may be terminated in the event that the service provider is the victim of abuse or abnormal behaviour on the part of the organiser, the owner of the reception venue, the Clients or the guests.

In the event of deliberate damage to the equipment provided by the service provider, circumstances where his physical integrity would be endangered, or if the organizer does not respect the clauses of this contract, the service provider may leave the premises of the service, the organizer will remain liable for any sums due.

In the event of a dispute between the parties, the Client is required to pay the full amount of the service still due, before making any 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). The case of an epidemic only constitutes a case of force majeure when it is 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 © - Edition August 2020