Terms of Sales
These general conditions of sale (hereinafter "the GCS") apply automatically to any order for services
of hospitality (hereinafter “the Services”) provided by FACTORY SE on the occasion of the aforementioned events.
Any order implies full and unreserved acceptance of the GCS. The T&Cs take precedence over the Customer's general terms and conditions of purchase.
By way of derogation, contrary provisions of quotes and/or purchase orders signed and/or formally accepted by both parties take precedence over the T&Cs.
In order for the Customer's representative to be duly authorized to place an order, the Customer or his representative must communicate to FACTORY SE a certificate established by the Client, certifying the existence and the limits of the mandate granted by the latter to the agent, it being specified
that in the absence of delivery of such a certificate, FACTORY SE reserves the right not to execute an order made by an agent.
The Services include in particular access to matches and shows, catering services, hostess services
reception, open bar services. The detailed characteristics of the Services are described on the FACTORY SE.fr website (hereinafter the “Site”) and/or on the FACTORY SE brochure.
1. TERMS OF ORDER
The Customer interested in the Services may proceed, directly or through his agent, to a request for an estimate on the site. An estimate accompanied by an order form will then be sent to it by FACTORY SE by any means.
By sending the order form attached to the signed quote to FACTORY SE at the following address: 4 rue de la Pyramide 92100 Boulogne Billancourt
the Customer or his representative places a firm and definitive order for the Services under the conditions and for the price appearing in the said estimate.
In any event, FACTORY SE will consider the order void in the following cases:
- return of the order form accepted within a period greater than that indicated in the estimate,
- non-payment by the Customer and/or his agent of all or part of the amounts to be paid for the order as provided for in the case applicable to the order form,
- non-production of all or part of the guarantees to be provided with the order as provided for, where applicable, in the order form,
- non-issuance of the mandate certificate in the event that an agent of the Customer places an order
2. CANCELLATION - MODIFICATION - FORCE MAJEURE - PROGRAM
The consequences, in particular financial, of cases of total or partial cancellation of matches and shows and/or postponement or interruption matches for reasons of natural disasters, floods, fires, strikes, riots, and more generally because of a circumstance presenting the characteristics of force majeure or for security reasons or for any reason independent of the will of FACTORY SE or of the rights holders, can never be the responsibility of FACTORY SE or of the rights holders.
The Services will not be the subject of any reimbursement, exchange or compensation for the Customer and no recourse may be exercised against FACTORY SE and/or the rights holders in this respect. The program of matches and shows is provided for information only.
The modifications that may be made thereto may in no case give rise to the exchange or reimbursement of the Services, or any compensation.
It is expressly agreed between the PARTIES that in the event of cancellation of postponement or modification of the event due to the epidemic of Coronavirus (or any other epidemic) it will be considered that the cause of the cancellation is a case of force majeure (as defined in article 1218 of the Civil Code) and that consequently FACTORY SE will not be liable for any refund or indemnification or compensation except of those expressly provided for by the law in force on the date of signature of the present, except express derogation between the parties
The Customer undertakes to take out insurance covering civil liability for all types of bodily injury, material damage and immaterial, direct or indirect, caused by people and to maintain this insurance in a valid state and to justify it on simple asks FACTORY SE.
The Customer acknowledges having the possibility of taking out cancellation insurance directly with the insurance company.
OVATIO in order to cover the risks of abandonment, interruption, postponements, relocation or any modifications of matches occurring beyond the control of FACTORY SE or the assigns. The Customer, directly or through his agent, may subscribe said insurance according to the terms indicated on the quote sent by FACTORY SE. This option is offered to the Customer outside of any intervention FACTORY SE, and the taking out of such insurance by the Customer shall not entail any obligations on the part of FACTORY SE vis-à-vis the Client or its representative.
In any event, the Client and/or its agent and their insurers waive any action against FACTORY SE and its insurers to be compensated for all the consequences of the partial or total cancellation of matches and shows.
4. PRICE - INVOICING TERMS - PAYMENT CONDITIONS
The prices mentioned in the quotes and/or order form are those in effect at the time the order is placed and are understood to be without taxes.
FACTORY SE invoices are issued with all taxes included in euros and payable upon receipt of the invoice.
100% of the total amount of the order must be received in euros including VAT, upon subscription, accompanied by the Order Form and the
General conditions initialed and signed.
FACTORY SE invoices are payable at the company's head office, by check or bank transfer.
Any delay in payment within the deadlines indicated by FACTORY SE will result, automatically and without prior notice, in additional invoicing of late payment penalties calculated at a rate equal to three times the legal interest rate in force during the period considered.
Any cancellation must be the subject of a formal agreement between the seller and the buyer.
Any cancellation without this agreement will not give rise to the establishment of a credit note, the customer must pay the price.
Cancellation costs are the responsibility of the purchaser.
For any cancellation occurring more than 30 days before the match or show, compensation of 60% of the total amount of the reservation will be kept (contractual security deposit when ordering).
For any cancellation occurring less than 30 days before the match or show, compensation of 100% of the total amount of the reservation will be kept
5. CUSTOMER OBLIGATIONS AND RESPONSIBILITY
The Customer and his agent undertake to respect the conditions of access to matches or shows, and in particular to respect the rules interior, of the security, order and police instructions in force in the places of the matches and shows and in the space where the Benefits.
The Customer and his agent undertake not to do or broadcast anything in the context of matches and shows that is likely to contravene to any rights, laws or regulations, national or international, as well as to sports ethics, or include any defamatory or harmful allusion to third parties, matches and meetings and their organizations. They guarantee FACTORY SE against any recourse in this respect and accept in advance, at the first request of FACTORY SE, to modify the elements which would not respect not the above requirements.
Failure to comply with the deadlines and these prescriptions automatically authorizes FACTORY SE to cancel or suspend the performance of the Services, the price remaining in any case payable in this case.
The Customer is informed that no person can be admitted to the space where the Services take place without being duly provided with a official title established and/or delivered by FACTORY SE: in all cases FACTORY SE reserves the right to refuse access and/or to exclude from this space, any person whose dress or behavior could harm the smooth running of the sporting event concerned
or Services or failing to comply with the aforementioned regulations and instructions, the Customer and his agent renouncing any claim thereby.
The Customer or his representative are responsible for all acts of their guests, employees, service providers and/or agents within the premises, matches and shows and/or in the space where the Services take place.
The order and the Services covered by it may not be the subject of any assignment by the Customer and/or his agent, transmission (specifically or universally) or sub-agreement, direct or indirect, total or partial.
The Customer and his representative are more particularly prohibited from marketing all or part of the order.
The Client and its agent are also prohibited from assigning, in any form and in any way whatsoever, the access titles to the places of matches and shows and matches, under penalty of damages.
The Customer may not exercise any recourse against the rights holders in relation to the purchase of the Services.
6. OBLIGATIONS AND RESPONSIBILITY OF FACTORY SE
FACTORY SE will put all the diligence in the performance of the Services and will make its best efforts to remedy any defect
in the execution of these. FACTORY SE cannot be held liable for cases of total or partial non-performance of the
Benefits when the breach results from circumstances beyond its control or difficult to overcome, such as performance
of the Services would become impossible or could not normally be provided under the same financial conditions.
FACTORY SE cannot be held responsible for any decision taken by the Customer or by his representative or by any third party designated by the latter having the effect of modifying the Services.
In any event, FACTORY SE's liability will be limited to the duration of the Services, and its amount may not exceed the price of the benefits. Consequently, the Client and its insurers waive any action against FACTORY SE and its insurers beyond this amount.
7. IMAGE RIGHTS
The Customer graciously authorizes the rights holders to use the images on which its employees, agents and guests could appear, captured by any means (photographs, films, etc.) during matches and shows, on any media (without limitation
of quantity) and by all media, and this on a transferable basis, worldwide and for the entire duration of protection of the rights relating thereto, to for the purposes of promotion and/or representation of the matches and shows, the venues of the matches and shows and/or the rights holders, as well as
only on the occasion of the television broadcasting of matches and shows
Apart from the bets authorized by the legislation in force on the day of each match and show, the Client and his agent refrain from any form of speculation or betting, in relation to matches and shows, by themselves or through an intermediary, whether in France or abroad, by any means whatsoever.
It is forbidden to use within the premises of the matches and shows any means of communication with a view to making bets. not in accordance with the legislation in force. In the event of violation of this prohibition, in addition to any legal action to which it is exposed, the offender will be immediately escorted outside the venue of the matches and shows, which he may no longer enter for the duration of the matches and shows.
9. SOUND AND VISUAL RECORDINGS
It is strictly forbidden to distribute and/or make available to the public, in whole or in part, whether free of charge or for a fee, any sound recording and/or any image (whether fixed or animated) captured by any means within the premises of the match venues and shows, for all types of public access, regardless of the mode of distribution (Internet, radio, television, mobile phones, accessories data storage or any other current and/or future media), without the prior and express authorization of the rights holders.
This prohibition applies in particular, but not exclusively, to any distribution and/or any provision and/or any incorporation of images fixed or animated and/or sound recordings captured within the premises of the matches and shows, on sites or platforms online file-sharing communities, within physical publishing media (newspapers, magazines, journals, etc.) or digital (webzines, etc.), as well as within any visual and/or sound work or production (films, documentaries, drawings, photographs, etc).
In the event of violation of the prohibition set out in this article, the offender is liable to one or more of the penalties provided for in article below without prejudice to any other action.
10. NON-COMPLIANCE WITH THE T&Cs
Without prejudice to any other action, the violation, by the Customer or his representative, of any of the stipulations of the GCS, will expose
the offender to the immediate resolution, automatically and without formality, of his order. In this case, FACTORY SE may return
sale of the Services intended for the Customer and the latter will be refused entry to the matches and shows. The fact that FACTORY SE does not
not to take advantage of the violation by the Customer or by his agent of any of the stipulations of the GCS cannot be interpreted
as a waiver, by FACTORY SE, to subsequently avail itself of said violation.
No claim relating to the Services will be admissible more than 48 hours after it has taken place.
Any dispute concerning invoicing can only be taken into account within 8 working days following the date of dispatch of the invoice. In the event of disagreement on part of the amount of the invoice, the Customer undertakes to pay without delay the undisputed amount of this one.
12. APPLICABLE LAW - SETTLEMENT OF DISPUTES
These T&Cs have been written in French which will be considered in any case will be interpreted as the language single general conditions of sale. They are governed in all its provisions by French law.
Any dispute arising from the interpretation and/or execution of the contractual documents accepted by the parties, in the absence of agreement amicably of these, are within the jurisdiction of the courts of Nanterre.