The General conditions of sales described below detail the rights and obligations between the company OXYBIOS LIMITED, referred to as "the company", selling the services defined below, and on the other hand the physical or legal person, called "the client", buying one or more of these services through a contract as defined in article 2 of this agreement. The services offered by the company are the following:
Services to the Council with obligations of means. The service to the organization is accompanied by obligations of results. These obligations are detailed in article 15 hereof.
The completed specifications for the present general conditions of sale is a proposal of contract for which the client, or its agent for himself, possible expressly have the power, authority and capacity to its conclusion and the execution of its obligations. This proposal for a contract is valid 30 days from its date of sending or submission to the client. After that, the rates contained in are likely to be modified confor-accordance to article 7, paragraph 2 of the present and a new quote will be usestablished by the company. The contract is formed and the two parties upon receipt by the company of contract duly dated and signed by the client, with the stamp of the client and the mention "good agreement" and a copy of hereby duly initialled and coated the words "read and approved". Express agreement between the client and the company, the Act of sending of the only specifications in accordance with paragraph 2 of this article is of his acceptance of the terms of the contract and of the General conditions of sale which have been delivered to him.
Any benefit by the company means the part of the client the entire membership and without reservations to the terms of the contract, excluding any other document as site Internet, leaflets, commercial documents, etc... In the event of contradiction between the provisions contained in the description of work signed by the client and those contained in the present general conditions of sale, the provisions of the specifications are applicable. For specific contractual different provisions of the present general conditions of sales, special conditions are applied.
Society accords the right to modify sections of the General conditions of sale at any time. Any new version comes into force the day after its publication on the website http://www .oxygenez - you .com; It will be applicable to any new proposal or any rider of contract issued subsequent to the date of publication.
Pursuant to the provisions of article L121-21 et seq. of the code of consumption, and in the case of a sale to a self-care remotely, the client has the right to cancel the contract by registered letter with acknowledgement of receipt within 7 days, including days, from the date of the formation of such contract that stipulated in section 2 hereof. If this time limit expires normally a Saturday, a Sunday or a holiday or busy, it is extended until the first following working day. Before the expiry of the retraction period provided for in article L121-25, the Corporation may require or to obtain the client, directly or indirectly, in any capacity or in any form whatsoever, a consideration any or no commitment or that perform service of any kind whatsoever.
All cases of discontinuance or the client out of the period of retraction and, a few are cases excluding cases resulting from major forces, immediately releases the company of all obligations to the client who shall claim or postponement of the event to another date or repayment of sums already paid. They areretained by the company as irreducible contractual compensation for termination of the contract.
Rates the day of sending the quote to the customer. They are denominated in euro and calculated excluding tax. They will be increased by the rate of VAT and travel costs pursuant to section 8 of this agreement. Rates are guaranteed the specifications pursuant to article 2, paragraph 1 of the present. Society accords the right to change its fee structure at any time. It will be applicable to any new proposal or any rider of contract issued subsequent to the date of amendment.
Travel costs are billed in addition to the services when the presence of a collaborator of the company during the event is included in services sold. Travel expenses are calculated mileage schedule in effect published annually by the Directorate General of taxes; the distance is calculated from Paris or Lyon to the place of the event of the client.
Regulation of services is done exclusively in euros:
Regulation of services is phased as follows:
For the case where the signature of the contract or the end of the withdrawal period is 30 days or less than the beginning of the event, the two instalments are replaced by a deposit of 50% of the total amount on presentation of invoice, the balance of 50% at the conclusion of the event as in the General case.
If payment of the first instalment or the single deposit, and article 15, paragraph 3 herein, the company does not guarantee the availability of stakeholders with which the quote was encrypted. However, the client remains bound by the obligations in respect of hereby including as regards the terms of settlement and conditions of cancellation referred to in article 6.
Unless otherwise provided in the contract, invoices are payable:
In case of disagreement on a part of the invoice, the client undertakes to pay the uncontested parts without delay and to indicate the reason for the challenge in 5 working days or by registered letter with acknowledgement of receipt to the company. If claim, the customer is apply penalties of delay on the remaining amounts due pursuant to section 11 of this agreement.
Default of payment total or partial of the services invoiced, the client shall pay to the company a delay penalty equal to once and a half the legal interest rate. Is the accepted legal interest rate in force on the day of billing for services. In addition, this default can open right in the allocation of damages and interests for the benefit of society. The penalty is calculated on the amount free of the remaining amount due, and commencing the date mentioned on the invoice without any formal prior notice being required. All the costs that society is to support recovery of claims remaining due as are the responsibility of the client.
No discount is provided for advance payment.
Rates referred to in the contract include the discount and stournes that the company would be required to provided taking into account its results or support by the purchaser of certain benefits.
If age 15 working days following a reminder by letter registered mail with acknowledgment for a delay with payment or non-late client has not discharged the remaining amounts due, the sale is resolved by operation of law and society emerged immediately from all obligations to the client. The run from the first presentation of the registered letter.
Company a duty to implement all the means it considers necessary and sufficient to satisfy its customers within contractualised services with obligations means defined in section 1 hereof. The company has obligation to implement all the means it considers necessary and sufficient to prevent or reduce the effects of a breach of contract caused by an event of force majeure as defined in article 21 of this agreement; It must inform the client as soon as possible upon the occurrence of an event of force majeure to perform all or part of its contractual obligations. Of express agreement between the client and the CorporationIt is agreed that the company makes reservations farms of its animation team after receipt and actual redemption of the first deposit or the unique deposit as defined in section 9 of this agreement. Unavailable, for the desired date, or facilitators consecutively in the period between the implementation of the specifications of the receipt of the deposit, the company has obligation to offer the client a or several dates for services signed with obligations of result as defined in article 1 hereof. This new proposal of the company commits any client that is free to accept or not. Upon acceptance of the new proposal by the customer, the relationship between the company and the client continues in the terms set out herein and without modification of the original contract. For a denial of the new proposal, the payments are reimbursed to the customer within 30 days from the receipt by the company of the written refusal of the proposal.
The client has duty of loyalty with the company to allow it to advise to the best of its interests. The customer, having the capacity and the power to accept or refuse the proposed event has obligation to adopt from the signing of contracts. The client has obligation to implement all the means it considers necessaryand sufficient to prevent or reduce the effects of a breach of contract caused by an event of force majeure as defined in article 21 of this agreement; He must inform the company as soon as possible upon the occurrence of an event of force majeure to run all or part of its contractual obligations. The client has obligation to be in its own name or by delegation of civil liability or professional liability valid insurance; as a result, the client agrees to give up and to waive all recourse against the company upon the occurrence of any cited in article 17 hereof the participants or its insurers.
The responsibility of each of part is limited to the commitments undertaken by it under the terms of the contract; Accordingly, the liability of the company may not be liable for direct or indirect damage related to intervention outside of the contract of one or more providers. The responsibility of each party may not be engaged as a failure or delay in the performance of any of its obligations described in these terms of sale if the breach or found delay arises out of a fortuitous or force majeure as defined in article 21 of this agreement. The responsibilitysociety may not be engaged in case of non-satisfaction of the customer for advice provided under article 16, paragraph 2 of the present. The liability of the company may also not be brought upon the occurrence of the following facts:
The liability of the company is not liable for its services accessible via the Internet and has no control of any form whatsoever on the nature or characteristics of data that might pass through its server centre.
The company is likely to reproduce or disseminate all or part of the event on its website or on advertising media data. Are considered data from the event content manuscript of the Golden Book of the society as well as the photo in connection with the event, in analog or digital format which have been surrendered to provisional or final title by the client. Hereby the client recognizes to give the rights to the event data and expressly authorize their publication on the Internet or on advertising media within the meaning of article 9 of the Civil Code and the associated case law, including the right to the image.
The client declares having collected the express permissions of third parties contained in the data of the event including those of parents or guardians for minors, and making the society of recourse of third parties against him to prohibitthe publication of data from the event or to seek damages. The client declares be informed of the provisions of paragraphs 1 and 2 of this article and have the possibility to refuse any publication and assignment of data of the event with the words "read and approved, denial of publication and assignment of right" on the copy of the terms set out in the contract as defined in article 2.
The company is committed to not sell, share, or divguer nominative personal data of the client to third parties outside its own use. However, these data may occasionally be transferred to third parties acting on behalf or on behalf of or in connection with the activity of society in the use for which they were originally collected. The client has the right to access and to update its nominative personal data and the right to request their deletion, pursuant to Act No. 78-17 of January 6, 1978 relating to data processing, files and freedoms. The company is committed to ensure that nominative personal data of the client is current, accurate and complete. The client can exercise the right of access and correction by contacting the company:
Is a case of force majeure or where a fortuitous event outside, unforeseeable and irresistible within the meaning of section 1148 of the civil Code, independent of the will of society and obstacles to the realization of the services sold, including the acts of public power, hostilities, war, riots, the facts of the prince, natural disasters, fire, flooding, exceptional weather, total or partial strikes impeding the operation of the company or one of its suppliers, subcontractors or carriers, as well as damage, failure or delay of one or more prestatai-res, the blocking of telecommunications, Internet blocking, the failure equipment broadcasting service, the interruption of transport, energy supply, raw... The party seeking to invoke an event of force majeure shall notify immediately the uatre part the beginning and the end of this event, otherwise it will not be discharging its responsibility.
For all disputes arising out of sales made by the company and to the application or interpretation of the present general conditions of sale, and absence of amicable resolution, alone competent is the tribunal of commerce of Montbéliard. The French lawFrance is only applicable.
Initialling of the pages and signature of the client preceded by the words "Read and approved" possibly followed by the reference to "re - was publishing and assignment of right".
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