GENERAL CONDITIONS OF SALE

Alive Events General Terms and Conditions – applicable from March 1, 2025


 

ARTICLE 1 – Scope of application

These General Conditions of Sale constitute, in accordance with article L 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the parties.

Their purpose is to define the conditions under which Alive ("The Provider") provides professional Clients ("the Clients or the Client") who request it, with the rental and marketing of furniture and installations for events such as Trade Fairs, evenings, shows: ("the Services").

They apply, without restriction or reservation, to all Services provided by the Service Provider to Customers of the same category, regardless of the clauses that may appear in the Customer's documents, and in particular its general purchasing conditions.

In accordance with current regulations, these General Conditions of Sale are systematically communicated to any Customer who requests them, to enable them to place an order with the Service Provider.

Any order for Services implies, on the part of the Client, acceptance of these General Conditions of Sale and the general conditions of use of the Service Provider's website for electronic orders.

The information appearing in the Service Provider's catalogs, brochures and price lists is given for information purposes only and may be revised at any time.

The Service Provider is entitled to make any modifications it deems useful.

In accordance with current regulations, the Service Provider reserves the right to deviate from certain clauses of these General Conditions of Sale, depending on the negotiations conducted with the Client, by establishing Specific Conditions of Sale.


 

ARTICLE 2 – Orders

2-1 Offer and acceptance

Sales of Services are only complete after the establishment of a quote and express written acceptance of the Client's order by the Service Provider, evidenced by an acknowledgment of receipt from the Service Provider and acceptance of the quote.

The Provider has electronic means of ordering (including acceptance and confirmation) allowing Customers to order the Services in the best conditions of convenience and speed.

On its website, the Provider offers the visitor, a potential customer, the possibility of making an electronic selection of the desired Products by adding them to a virtual shopping cart. This selection has no contractual value between the parties, and does not constitute a purchase order or an order but a simple request for information.

At any time during this electronic consultation of the catalog, the potential Customer may cancel all or part of the selections made and replace them with others if he wishes. At the end of this selection, the Customer is offered to contact Alive an order based on this selection. By completing the electronic order form, the Customer declares that they fully and unreservedly adhere to these general rental and sales conditions. It is recalled that this order will only become final after its written acceptance by Alive.

By express agreement between the parties, the electronic graphic representations of the catalog (illustrations and/or color charts and/or photographs) presenting products and/or services have no contractual value.

The electronic site guarantees the confidentiality of the data exchanged.

The consideration and acceptance of the request are confirmed by sending an email with an official quote.

The data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.

2-2 Changes to the order

Any changes to the order requested by the Client will only be taken into account, within the limits of the Service Provider's possibilities, if they are notified in writing, at least 15 days before the date planned for the provision of the Services ordered, after signature by the Client of a specific order form and possible adjustment of the price.

2-3 Deposit – Cancellation

A deposit equivalent to 15% of the total amount including tax of the order will be requested from the Customer upon formalization of the sales contract, or request to reserve the furniture.

In the event of cancellation of the order or reservation by the Customer, after its acceptance by the Service Provider, for any reason whatsoever, the deposit paid with the order, as defined in the article “Payment conditions - Payment deadlines” of these General Conditions of Sale will be automatically acquired by the Service Provider and may not give rise to any reimbursement.

In the event of total or partial cancellation of the order for Products by the Customer occurring within a minimum period of fifteen (15) to five (5) working days before the indicative delivery date, and under the express condition that this delivery has not yet been made, the Customer will be liable to Alive as compensation in an amount equivalent to fifty (50) % of the total price of the order.

After this period of five (5) working days before the indicative delivery date, no order will be accepted by Alive cannot be cancelled by the Customer. In the event of cancellation by the Customer, the full amount of the order is due.

Cancellation conditions in brief:

  • Up to 15 days before delivery the deposit of 15% received will be kept by the service provider and will be deducted from a future order if the event is postponed before 12/31/2021.
  • Between 5 and 15 days before delivery: “In the event of cancellation of the order by the Customer after its acceptance by the Service Provider, – 15 days before the date scheduled for the provision of the Services ordered, for any reason whatsoever, the deposit paid when ordering will automatically be acquired by the Service Provider and cannot give rise to any reimbursement.
  • 5 working days before delivery date: In the event of total or partial cancellation of the order for Products by the Customer occurring within a minimum period of five (5) working days before the indicative delivery date, and under the express condition that this delivery has not yet been made, the customer will be liable to the service provider as compensation for an amount equivalent to fifty (50) % of the total price of the order.
  • After the 5 working days before delivery date: no order accepted by the service provider may be cancelled by the Customer. In the event of cancellation by the Customer, the full amount of the order is due.

2-4 Security deposit

When the order relates to Products rented to the Customer, Alivereserves the right to request payment of a security deposit which will be returned to the Customer at the end of the Contract, upon return of the Products, and after signing the return slip defined in article 5-5 hereof. This deposit will be five (5) times the value of the Products as indicated in the catalog of Alive. In the absence of payment of this security deposit, Alive may refuse to take into account the Customer's order


 

ARTICLE 3 – Rates

The services are provided at the Provider's rates according to a quote previously established by the Provider and accepted by the Client, as indicated in the “Orders” article above.

Prices are net and exclusive of VAT.

An invoice is drawn up by the Service Provider and given to the Client upon each provision of Services.

The conditions for determining the cost of services whose price cannot be known a priori or indicated exactly, as well as the method for calculating the price allowing the latter to be verified, will be communicated to the Client or will be the subject of a detailed estimate, at the request of the Client in accordance with the provisions of article L 441-1, III of the French Commercial Code.


 

ARTICLE 4 – Prices and payment terms

Unless expressly stated otherwise, all prices appearing on invoices will be expressed in euros and excluding taxes. In the absence of specific mentions appearing on the invoices, payment of the entire amount including tax of the order must be attached to it and will be payable net without discount by check, LCR or bank transfer (a copy of the transfer order will be attached to the order). Any complaint relating to invoices must have been made to Alive in writing within eight (8) days of receipt of the invoices. Failing this, no subsequent claim may be considered.

4-1. Payment deadlines

A deposit corresponding to 15 % of the total price of the Services ordered is required when placing the order.

The balance of the price is payable in cash, at the latest 10 days before the provision of said services, under the conditions defined in the specific conditions.

The Provider will not be required to provide the Services ordered by the Client if the latter does not pay the price under the conditions and in accordance with the terms indicated.

4-2. Late payment penalties

In the event of late payment and payment of the sums due by the Client beyond the deadline set above, and after the payment date appearing on the invoice sent to the latter, late payment penalties calculated at the half-yearly rate equivalent to three times the legal interest rate of the amount including tax of the price of the Services appearing on said invoice, will be automatically, and as of right, acquired by the Service Provider, without any formality or prior formal notice.

4-3. Absence of compensation

Unless expressly agreed in advance in writing by the Service Provider, and provided that the reciprocal receivables and debts are certain, liquid and due, no compensation may be validly made by the Client between any penalties for delay in the provision of the Services ordered or non-compliance with the order, on the one hand, and the sums paid by the Client to the Service Provider for the purchase of said Services, on the other hand.


 

ARTICLE 5 – Terms of provision of Services

5-1 General Terms and Conditions

The Services requested by the Client will be provided within the contractual deadlines specified in the specific conditions.

The Service Provider shall not be held liable under any circumstances in the event of delay or suspension of the provision of the service attributable to the Client, or in the event of force majeure.

The Services will be provided at the location specified in the specific conditions.

In the absence of reservations or complaints expressly issued by the Client upon receipt of the

Services, these will be deemed to comply with the order, in quantity and quality.

No claim may be validly accepted in the event of non-compliance with these formalities and deadlines by the Client.

The Service Provider will provide the Client as soon as possible and at its own expense, in accordance with appropriate terms and conditions agreed to by the Client, with the Services for which the lack of conformity has been duly proven by the Client.

5-2 Deliveries

In case of necessity linked to the conditions of exercise of its activity (and in particular the availability of its stock), Alive expressly reserves the right to provide Products equivalent to those ordered by the Customer, provided that these equivalent Products appear in the documentation and catalogs of Alive given to the Customer prior to his order.

The Customer acknowledges that the substantial condition of his order lies in the use of the material which can be made and not in its very substance, and that he may not therefore rely on this provision of equivalent Products to refuse delivery.

In the same way, Alive also reserves the right to split deliveries of Products ordered by the Customer. Furthermore, Alive reserves the right to involve third parties to ensure the proper performance of its obligations towards the Customer, without this recourse to third parties imposing any additional costs on the Customer. Delivery will be deemed to have been made upon handing over to the Customer by Alive materials.

Any reservations regarding delivery must be mentioned in writing to the sales department of Alive (paris-nord@group-alive.com) and confirmed by registered letter within twenty-four (24) hours of delivery. Failing this, no subsequent claim may be taken into consideration. Alive undertakes to replace or repair any defective Product delivered to the Customer.

The Customer expressly acknowledges that the quantities of Products delivered may be greater or less than the quantities ordered within a limit of a proportion of five (5) % of the order, without this difference being able to be assimilated in any way whatsoever to a defective delivery. Alive will bear all costs associated with the replacement or repair of a defective Product.


5-3 Transfer of risks

The Customer undertakes to use the rented Products in accordance with their usual purpose as presented in the catalog. Alive, and to provide the maintenance necessary for its conservation and use. Alive undertakes to communicate to the Customer all recommendations and advice for normal use. No nailing, drilling, application of adhesive or paint or any other manipulation likely to affect the condition of the Products may be carried out by the Customer.

The risks of loss or deterioration of the Products or of civil liability linked to the Products are the responsibility of the customer from the time they are made available by Alive. From this provision, the Products rented or sold to the Customer must therefore be insured by him. With regard to the rented Products, the Customer undertakes to transmit to Alive, upon simple request from the latter, a copy of the insurance policy taken out.

The Customer undertakes that the place of installation of the Products supplied to the Customer complies with all legal and regulatory conditions applicable to the event which led to the order of Products.

The Customer undertakes to ensure that the place of delivery of the Products, as well as the place of return of the Products, is accessible, dry and clean. Otherwise, the Customer shall bear all costs related to the impossibility of delivering or collecting the Products, on the date agreed with Alive.

5-4 Insurance

The Client declares that it has taken out the necessary insurance to implement its professional and operational civil liability. Within the limit of the guarantee ceilings of its insurers, Alive will be responsible for any possible damage caused to the Customer during delivery of the Products.

From the moment the Products are made available until their return, the Customer agrees to become the legal guardian of the Products. Consequently, the Customer is solely responsible, during this period, for any loss, theft or damage to the Products, for which he expressly undertakes to protect himself by taking out “all risks and damage” insurance.

Subject to the above provisions, the Client will participate in any insurance taken out by Alive as part of the execution of its service according to a percentage fixed according to the amount of the order placed with Alive. The benefit of the theft risk guarantee as covered by the insurance of Alive is subject to the provision of the receipt for the filing of the complaint filed by the Customer with the competent public authority. Payment of this insurance contribution will be attached to the order. In the event of a claim, the excess imposed by the insurer will be applied and invoiced to the customer. In the absence of payment of the insurance contribution, Alive may refuse to take into account the order placed by the Customer.

5-5 Returns of materials

Any contract between Alive and the Customer terminates at the normal term agreed between the parties, which is either the full payment of the Product purchased or the term of the rental of the rented Product.

The end of the contract entails the obligation for the Customer to immediately return all of the Products rented to Alive, and this in compliance with the obligations relating to the place of restitution. Alive will have the Products returned by the Customer to the place of return and on the date agreed between the parties. Failing this, the Customer will return the Products himself and at his own expense to Alive.

The Customer undertakes, prior to any return of the Products, to remove from the Products any object or documentation not belonging to Alive. Failing that Alive cannot be held responsible for any damage caused to said objects.

The Products must be returned to Alive in their condition as delivered. Failing this, Alive reserves the right to request the pure and simple replacement of the Products or to retain all or part of the security deposit paid by the Customer in application of article 2.4. of these conditions, without prejudice to any subsequent claim for damages. The return is complete when the Customer has signed the return slip with Alive, without reservation from the latter. A return voucher is understood to mean the contradictory document established between the Customer and Alive, and certifying the condition and quantities returned on time by the Customer to Alive.


 

ARTICLE 6 – Retention of title

Regardless of the duration of their rental, the rented Products naturally remain the property of Alive. In the event of non-return of the rented Products at the end of the rental period, Alive may claim the Products by any appropriate means, the Customer may neither pledge the Products, nor use them in any way as security, nor allow them to be seized.

The Products sold remain the property of Alive until full payment of the sale price, interest, costs and accessories. In the absence of payment on the due date, Alive may claim the Products by any appropriate means. Any deposits previously paid will remain acquired by Alive as a penalty clause.

Until full payment has been made, the Customer may not pledge the Products or use them in any way as security or allow them to be seized.


 

ARTICLE 7 – Responsibility of the Service Provider – Guarantee

The Provider guarantees, in accordance with legal provisions, the Client against any lack of conformity of the Services and any hidden defect, arising from a design or supply fault of said Services, excluding any negligence or fault of the Client.

The Provider's liability can only be incurred in the event of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.

In order to assert its rights, the Client must, under penalty of forfeiture of any action relating thereto, inform the Service Provider, in writing, of the existence of the defects within a maximum period of 8 days from their discovery.

The Provider will rectify or have rectified, at its sole expense, in accordance with appropriate procedures agreed to by the Client, the Services deemed defective.

In any event, in the event that the Provider's liability is retained, the Provider's guarantee would be limited to the amount excluding tax paid by the Client for the provision of the Services.


 

ARTICLE 8 – Personal data

The personal data collected from Customers is subject to computer processing by the Supplier. They are recorded in its Customer file and are essential for processing the order. This information and personal data are also retained for security purposes, in order to comply with legal and regulatory obligations. They will be retained for as long as necessary for the execution of orders and any applicable guarantees.

The data controller is the Supplier. Access to personal data will be strictly limited to employees of the data controller, authorized to process it due to their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Client's authorization being required.

In the context of the performance of their services, third parties have only limited access to the data and are obliged to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Supplier shall not sell, rent, transfer or give access to third parties to the data without the prior consent of the Customer, unless required to do so for a legitimate reason.

If the data is to be transferred outside the EU, the Client will be informed and the guarantees taken to secure the data (for example, adherence of the external service provider to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.

In accordance with applicable regulations, the Buyer has the right to access, rectify, erase, and transfer data concerning him/her, as well as the right to object to processing for legitimate reasons, rights that he/she may exercise by contacting the data controller at the following email address: paris-nord@group-alive.com. In the event of a complaint, the Customer may submit a complaint to the Supplier's personal data protection officer of the French National Commission for Information Technology and Civil Liberties.


 

ARTICLE 9 – Unforeseen circumstances

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all operations of Supply of Services from the Provider to the Client. The Provider and the Client therefore each waive the right to rely on the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided for therein, undertaking to assume its obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves excessively onerous and to bear all the economic and financial consequences thereof.


 

ARTICLE 10 – Exception of non-performance

The Parties expressly declare that they waive the right to rely on the provisions of Articles 1219 and 1220 of the Civil Code and the regime of the exception of non-performance provided for therein.

Consequently, they undertake to fully and completely execute these presents even in the event of failure on the part of one or the other.

However, if the impediment were permanent or continued beyond 8 days, these presents would be purely and simply resolved according to the terms defined in the article Resolution for failure of a party to fulfill its obligations.


 

ARTICLE 11 – Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

The Party noting the event must immediately inform the other Party of its inability to perform its service and provide justification to the latter. The suspension of obligations may under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.

The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is permanent, these presents will be purely and simply resolved according to the terms defined in the article "Termination for force majeure".

During this suspension, the Parties agree that the costs incurred by the situation will be shared equally.


 

ARTICLE 12 – Termination of the contract

12-1 – Resolution for non-performance of a sufficiently serious obligation

The Party that is the victim of the default may, notwithstanding the Termination clause for failure by a party to fulfill its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify the Defaulting Party by registered letter with acknowledgment of receipt of the wrongful termination of this agreement, 8 days after receipt of a formal notice to perform which has remained unsuccessful, in accordance with the provisions of Article 1224 of the Civil Code.

12-2- Resolution for force majeure

Termination by operation of law for force majeure may not, notwithstanding the Termination clause for failure by a party to meet its obligations set out below, take place until 8 days after receipt of formal notice served by registered letter with acknowledgement of receipt.

12-3 – Resolution for failure of a party to fulfill its obligations

In the event of non-compliance by either party with the obligations referred to in the articles of this contract, the latter may be terminated at the discretion of the injured party.

It is expressly understood that this termination for failure by a party to fulfill its obligations will take place automatically 8 days after receipt of a formal notice to perform, which has remained, in whole or in part, without effect. The formal notice must be notified by registered letter with acknowledgment of receipt.

This formal notice must mention the intention to apply this clause.

12-4 – Provisions common to cases of resolution

It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement will be validly put on notice by the sole enforceability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.


 

ARTICLE 13 – Disputes

In order to jointly find a solution to any dispute that may arise in the execution of this contract, the contractors agree to meet within 15 days of the sendingreceipt of a registered letter with acknowledgment of receipt, notified by one of the two parties. This amicable settlement procedure constitutes a mandatory prerequisite for the introduction of legal action between the Parties. Any legal action brought in violation of this clause would be declared inadmissible.

However, if after a period of 15 days, the Parties are unable to agree on a compromise or solution, the dispute will then be submitted to the jurisdiction designated below.


 

ARTICLE 14 – Attribution of jurisdiction

All disputes to which this contract and the agreements resulting from it may give rise, concerning their validity, their interpretation, their execution, their resolution, their consequences and their consequences will be submitted to the court of PONTOISE.


 

ARTICLE 15 – Language of the contract – Applicable law

These General Conditions Defining the form of the general conditions and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authoritative in the event of a dispute.


 

ARTICLE 16 – Customer Acceptance

These General Conditions of Sale are expressly agreed to and accepted by the Customer, who declares and acknowledges having full knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general conditions of purchase, which will be unenforceable against the Service Provider, even if it has been made aware of them.

I acknowledge having read these General Conditions of Sale and accept their terms.