1.PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALES
These general terms and conditions of sales (hereafter "GTC") define the contractual relationship between PREMIERE VISION, a simplified joint-stock company with a share capital of €10,050,352 registered on the Trade Register of Lyon under the number 403 131 956, whose head office is established at the following address : 59 Quai Rambaud 69002 Lyon, France, and the Client in the framework of sale for Products (as defined in article 2 of the GTC) via PREMIERE VISION's website (https://premierevision.com in particular its online shop. The Products offered by Première Vision are intended for professionals. The Client declares that he has read and accepted the rights and obligations arising under the GTC.
As such, the Client acknowledges that its key obligations under the GTC are as follows: (i) to provide all the information and/or items and/or to perform all the steps necessary for Première Vision to carry out the delivery/shipment of the Products (as defined in article 2 of the GTC) ; (ii) to make full payment of the Products prices (as defined in article 2 of the GTC) ;
For its part, PREMIÈRE VISION recognises that its key obligation is to perform, within the agreed time limit, the provision of Products.
2. DEFINITIONS
"Client" means the natural or legal person, acting in a professional capacity, placing an order for Products via the Website,
"Exhibition" means an exhibition organised by PREMIERE VISION,
"PREMIERE VISION" means the company organising the Exhibition whose contact details are set out in Article 1 above,
"Products " means the products offered for sale by PREMIERE VISION via the Website. The Products offered include but are not limited to publications, notably those designating the colour ranges,
"Website" means the website of PREMIERE VISION at the following URL: https://www.premierevision.com and its sub-domain : //fashion-resources.premierevision.com/.
3. ENFORCEABILITY OF THE GTC
Any order of Products placed by the Client via the Website implies unreserved acceptance by the Client of the GTC, which the Client confirms to have read and understood and to be in agreement with all terms and conditions contained herein. By clicking the box or equivalent wording box "I accept the general terms and conditions of sales", the Client confirms that they have read and approved the conditions of the GTC prior to the placing of their order. Unless stipulated to the contrary, the GTC takes precedence over all other clauses or stipulations mentioned in the orders, correspondence or any other document exchanged between PREMIERE VISION and the Client. PREMIERE VISION may decide to adapt or modify the GTC. The Client will be immediately informed about the modifications via an update on the Website. Orders pre-dating a modification to the GTC remain subject to the general conditions in force at the time of the order.
4. PASSATION DES COMMANDES
4.1 ORDER PLACE ON THE WEBSITE To place an order, the Client must connect to the Website. When placing an order on the Première Vision’s online shop, the Client choose the Products he wishes to purchase and complete its identification information. Orders are subject to prior complete reception of payment by Première Vision made by bank card.
4.2 DESCRIPTION AND AVAILABILITY OF PRODUCTS The Products offered in the online shop are subject to availability of stocks and their date of commercialization. Photographs and images showing or illustrating Products on the Website are not contractually binding. If an order is placed for a Product that is unavailable, the Client will receive notification by e-mail as to whether his order will be delivered in part or cancelled. Première Vision agrees to notify the Client within forty-eight (48) hours of receipt of the order should a Product be unavailable. If a Product is unavailable and/or if an order is cancelled, Première Vision agrees not to charge the Client for the Products concerned. If the price of the order has already been paid or debited, Première Vision agrees to refund the Client according to the same payment method or by any other appropriate method, in his name and at his billing address, within fourteen (14) days of payment of the unavailable Products.
5. CLIENT IDENTIFICATION
Any Client must complete its identification information. To this end, Clients must complete the minimum mandatory fields on the Website. Clients 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, company and address of their company and role in the company.
The Client undertakes to provide accurate and complete information. If the information provided turns out to be false, inaccurate or incomplete, Première Vision reserves the right to cancel the Client’s order without the latter being able to make any claim whatsoever for compensation. Additionally, Première Vision cannot he held liable for the non-performance or improper performance of the order resulting from communication by the Client of false, inaccurate or incomplete information.
6. PRICE AND PAYMENT TERMS
6.1 PRICESThe Prices of the Products mentioned on the Website are expressed in euros inclusive of taxes. Products will be invoiced according to the rates applicable at the time the order is registered, as shown on the Website..
6.2 PAYMENT TERMS
The methods of payment accepted by PREMIERE VISION are bank card (Visa, Master Card). The Client will be charged in his local currency, according to the bank exchange rate applicable when the transaction is completed. The 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 a bank.
The Client’s 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 of the effective payment. If a payment is rejected by a bank payment centre, the order will be automatically cancelled.
6.3 VALIDATION OF PAYMENT AND CONFIRMATION OF THE ORDER
All the information communicated by the Client during the placing of the order is binding on the client. PREMIERE VISION cannot be held responsible for consequences that result from errors due to the incorrect entry of data by the Client. After approval of the order, the Client will receive an Order Confirmation email, automatically sent to the Client's email address, containing a link to their invoice.
6.4 RETENTION OF TITLE
The Products ordered by the Client remain the exclusive property of PREMIERE VISION until full payment of the amount has been made by the Client. The order placed will be considered firm and definitive from the moment confirmation of payment of the order has been received from the authorised payment centre. Should payment for an order be refused by the authorised payment centre, the order will be automatically cancelled. The Client will be informed as soon as possible if PREMIERE VISION finds themselves unable to fulfil the order. In addition, PREMIERE VISION reserves the right to cancel the order of a Client with whom there Is a dispute.
7. RECEPTION OF PRODUCTS ORDERED
The Client will have the option either to collect the Products during the Exhibition or to receive them by post at the address provided at the time of ordering. PREMIERE VISION cannot, under any circumstances, be held liable for a delivery failure caused by incorrect information provided by the Client or by the carrier.
8. CANCELLATION – POSTPONEMENT – FORCE MAJEURE
The Products sold by PREMIERE VISION in response to an order by the Client cannot be exchanged or refunded.
In application of the measures set out in article 1218 of the French Civil Code, the obligations of PREMIERE VISION will be suspended in the case of an event of force majeure. It Is expressly agreed that the following events in particular are considered force majeure: pandemic, war, riot, fire, general strike, natural disaster, shortage of raw materials, transport strike, even if the legal and judicial conditions for force majeure are not applicable.
9. COMPULSORY PERFORMANCE
Given the specific nature of the Products concerned and of the indispensable know-how necessary to the performance of the obligations of Première Vision under the GTC, the Parties expressly agree to exclude the application of the provisions of Articles 1221 and 1222 of the French Civil Code.
10. UNFORESEEN EVENTS
With regard to the duration of the provision of Products concerned, the Client and Première Vision agree to exclude the application of the provisions of Article 1195 of the French Civil Code.
11. LIABILITY
11.1 PREMIERE VISION Première Vision cannot be held liable, in any case, for the non-performance or improper performance of the order due to the Client, due to the unforeseeable and unavoidable act of a third party and/or due to force majeure as defined in the clause 8 of the GTC.
11.2 In the event where, at the time of the performance of the order, PREMIERE VISION is liable, in whatever form and for whatever reason, for any compensation and notably direct and Indirect compensation (Including immaterial damage), this compensation will be strictly limited to an amount that Is equal to the amount of the order
12.PERSONAL DATA
12.1 DEFINITION “Data Protection Laws": the legislation and regulations in force applicable to the processing of personal data and, in particular, Act No. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable as of May 25, 2018 (hereinafter the ‘RGPD’).
“Data": any information relating to an identified or identifiable natural person; an ‘identifiable natural person’ is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
12.2. PREMIERE VISION, acting as data controller within the meaning of European Regulation 2016/679 (RGPD), is required to process Client Data for the purposes of processing and:
- A) The management and follow-up of the contractual or pre-contractual relationship (order processing, invoicing, management of unpaid invoices and litigation) ;
- B) Operation, development and management of customer/prospect databases (commercial prospecting for goods and services similar to those already ordered by the Client, processing of requests to exercise rights, management of contact requests);
- C) To improve and personalize services to customers (statistics, satisfaction surveys, newsletter subscriptions);
- D) The transfer of personal data to partners in the context of a business relationship (transfers), commercial prospecting for goods and services not similar to those already ordered by the Client, and the sending of newsletters;
- E) Compliance with legal obligations.
The legal basis for the processing of Data, the purpose of which falls within the above-mentioned categories, is :
- For category A): the performance of a contract or the execution of pre-contractual measures taken at the Client's request.
- For categories B) and C): the legitimate interest that these categories represent for PREMIERE VISION.
- For category D): the Client's consent. It may be withdrawn at any time thereafter.
- For categories C) and E): compliance with legal and/or contractual obligations.
The categories of Data processed in this context are Identification Data (such as surname, first name, date of birth), Contact Data (such as postal address, e-mail address, telephone number), Economic and Financial Data (such as means of payment and bank details).
The recipients of the Data are the relevant departments of PREMIERE VISION and certain service providers (other entities of the GL events group, IT service providers). Some of these recipients may be located outside the European Union. Where necessary, appropriate safeguards have been taken, in particular through the implementation of standard data protection clauses adopted by the European Commission.
PREMIERE VISION keeps the Data for the time necessary for the operations for which they were collected, in accordance with the aforementioned Regulation 2016/679, for the time necessary to fulfill legal obligations and/or, when PREMIERE VISION carries out commercial prospecting on the basis of its legitimate interest, for a maximum period of three years from the last effective contact with the prospect/customer unless exceptions are justified by a particular context.
In accordance with French Law no. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, as amended, and European Regulation 2016/679 (RGPD), Customers may exercise their rights, and in particular their right to access, rectify and object to the processing of their Data. To exercise this right, the Client may write to PREMIERE VISION at the following address: GL events - Direction Juridique / DPO - 59 quai Rambaud, 69002 Lyon or by e-mail at: personaldata@premierevision.com
The Client may lodge a complaint with the CNIL
12.3. All information about the processing of personal data carried out by PREMIERE VISION are in the PREMIERE VISION's Privacy Policy accessible on the Website
13. INTELLECTUAL PROPERTY
Première Vision holds all of the rights of use, display, operation, reproduction, representation, adaptation and translation for all of the elements that comprise the Website, including the graphic charters, titles, Website maps, texts, articles, analyses and writing, pictures, videos, images, logos and marks or any other informational and/or downloadable content put online by Première Vision. The Website and its Content are protected by French copyright law and related rights (Articles L.122-4 et seq. of the French Intellectual Property Code) which prohibit the reproduction in whole or in part of these various constituent elements without the consent of Première Vision. The Client undertakes to respect the copyrights, trademark rights and database producer’s rights held by Première Vision; it acknowledges that the databases created by Première Vision are its sole property. PREMIERE VISION consents only to giving the Client a simple, private, non-collective and exclusive right of use of all content published on the Website as well as authorisation to reproduce the material digitally on the computer used to consult the Website in order to visualise the pages consulted by the Client's internet browser. The Client shall refrain from transferring or granting information obtained from the Website and shall refrain creating any derivative works based on the Content of the Website. The Website and its components constitute a copyright work under intellectual property law. Any representation, reproduction, modification, transmission, translation or in general any use of the Website and its technical or graphical components are strictly forbidden without the prior authorisation of Première Vision.
Provision of the Products does not involve any transfer or granting of any intellectual property rights, apart from the right for the Client to use the services provided online on the Website by Première Vision, within the limits specified on the Website and herein. Any full or partial reproduction of any of these elements without the prior written authorisation of Première Vision is strictly prohibited. Any breach of this clause will constitute an infringing act and might result in legal action against the Clients, in accordance with the regulation and legislation in force. The use of hyperlinks about and referring to the Website without the prior written authorisation of PREMIERE VISION is also strictly prohibited. The Client can obtain an authorisation by an email addressed to the administrator.
14. GOVERNING LAW AND DISPUTE RESOLUTION
The GTC and every order of Products between the Client and Première Vision are governed by the laws of France.
ANY DISPUTE ARISING BETWEEN THE CLIENT AND PREMIERE VISION OUT OF OR IN CONNECTION IN PARTICULAR WITH THE CONSTRUCTION, AND/OR VALIDITY, AND/OR PERFORMANCE/NON-PERFORMANCE, AND/OR TERMINATION OF THE GTC SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF LYON, EVEN IN THE EVENT OF THIRD-PARTY PROCEEDINGS OR A PLURALITY OF DEFENDANTS, INCLUDING ANY DISPUTE RELATING TO THE BREACH OF THE GTC OR ANY COMMERCIAL RELATIONSHIP THAT WOULD BE TAKEN INTO CONSIDERATION UNDER THE PROVISIONS OF ARTICLE L.442-1 OF THE FRENCH COMMERCIAL CODE.
