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Terms and Conditions of Sale

Terms and Conditions of Sale

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THE PARTIES

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These Terms and Conditions of Sale are entered into between:

The Service Provider: Barmo & Co., a sole proprietorship trading as Mademoiselle L., registered under SIRET number 910 292 093 00010, whose registered office is located at 38 boulevard Gambetta, 30000 Nîmes, France, represented by Mr Nicolas Besnard, sole proprietor.

And the Client: any individual or professional client in the private and/or public sector.

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ARTICLE 1: PURPOSE AND SCOPE

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These Terms and Conditions of Sale constitute the basis for commercial negotiations and are made available on the Service Provider’s website.

The following Terms and Conditions set out the rights and obligations of the Service Provider and its Client in connection with the sale of services and goods supplied by the Service Provider.

The products and services offered by the Service Provider include, without limitation:

• Hire of caravan bars, beer-dispensing tricycles, decorative equipment and other items.
• Transport and setup of equipment hired from the Service Provider.
• Bartending services for private or professional events.
• Supply of items required for the services, including glassware, ice and straws.
• Takeaway sale of the alcoholic and other beverages required for the services.

The service is available exclusively to persons legally capable of entering into contracts under French law. Acceptance of the quotation or offer constitutes the Client’s unconditional acceptance of these Terms and Conditions.

These Terms and Conditions may be amended. The terms applicable to the Client’s order are those in force on the date the order is placed. These Terms and Conditions supersede all prior statements, negotiations, undertakings of any kind, oral or written communications, acceptances and agreements between the Service Provider and the Client.

In accordance with applicable regulations, the Service Provider reserves the right to agree exceptions to certain provisions of these Terms and Conditions following negotiations with the Client. Where specific contractual terms differ from these Terms and Conditions, the specific terms shall apply.

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ARTICLE 2: ORDERS

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2.1 – Quotation

The quotation accompanying these Terms and Conditions constitutes a contractual offer. This offer is valid for one (1) month from the date it is sent or presented to the Client. After this period, the prices stated may be amended and the Service Provider may issue a new quotation.

The quotation must be returned signed by the Client with the words “Bon pour accord” (“Approved and accepted”).

Signing the quotation constitutes full acceptance of these Terms and Conditions of Sale, which accompany the quotation and are available at www.mlle-l.fr.

Receipt and acceptance of the order are confirmed by e-mail. No service will begin until the signed quotation has been returned to the Service Provider and the booking deposit has been paid.

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2.2 – Order Amendments / Requests for Additions

Once an order has been confirmed by the Client and accepted by the Service Provider, any request to amend the service ordered is subject to the Service Provider’s acceptance. Requests must be made in writing at least one (1) month before the scheduled event date.

Any amendment or addition to the original order will only be taken into account after the Service Provider has issued an amendment in the form of a revised quotation superseding the original quotation, or an additional quotation, duly returned dated and signed by the Client.

If these requirements are not met, the requested amendment may be refused. The Client will remain entitled to and liable to pay for the service originally ordered. No fault may be attributed to the Service Provider on this basis, and any termination of the contract initiated by the Client will constitute a breach of contract.

 

ARTICLE 3: PAYMENT

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3.1 – Prices

The prices of goods and services are those in force on the date the order is placed. Prices are stated in euros. VAT is not applicable pursuant to Article 293 B of the French General Tax Code.

The Service Provider reserves the right to amend its prices at any time. However, it undertakes to invoice the goods and services ordered at the prices stated when the order was recorded. Prices are guaranteed for the quotation’s validity period.

Placing an order constitutes acceptance of the prices and descriptions of the products and services available for hire and sale. The Client declares that they have read and irrevocably accepted these Terms and Conditions before placing the order.

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3.2 – Discounts and Rebates

The prices offered include any discounts or rebates that the Service Provider may grant in light of its results or the purchaser’s undertaking to carry out certain services.

No discount or rebate constitutes an entitlement for the purchaser, even where discounts have previously been granted. Discounts and rebates must be expressly stated.

 

3.3 – Early Payment Discount

No discount will be granted for early payment.

 

3.4 – Payment Arrangements

Orders must be paid for in euros:

• By credit or debit card.
• By bank transfer.
• In cash, up to €1,000 in accordance with Article D112-3 of the French Monetary and Financial Code, by hand delivery only. Cash sent by post will not be accepted.

Payments must be made as follows:

• An initial payment of fifty per cent (50%) of the total amount is payable when the order is placed and the quotation signed, to reserve the service, guarantee availability and secure the date.
• The balance must be paid no later than seven (7) days before the service or services are provided.

Payment becomes effective on the date the funds are available in the Service Provider’s account.

Payment of the booking deposit is a condition of the performance of the Services agreed in the accepted quotation. If the initial booking deposit is not paid in full when the order is placed, and/or any additional booking deposit requested for additions to the original order is not paid, the Service Provider has no obligation to perform.

An invoice will be issued after the service and sent electronically to the e-mail address provided by the Client.

If the Client cancels, the provisions of Article 5.5 apply.

If the Client disputes part of an invoice, the Client must pay the undisputed amounts without delay and notify the Service Provider of the grounds for the dispute within five (5) working days by registered letter with acknowledgement of receipt. In the absence of a complaint, or in the event of an abusive complaint, late payment penalties will apply to outstanding amounts in accordance with Article 3.6.

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3.5 – Security Deposit & Liability

The Service Provider may require a security deposit. Where required, it must be paid no later than fifteen (15) days before the service date, and at least one week before the event, unless otherwise agreed in writing.

Security deposit amounts:

• €3,000 for caravan bars.
• €2,000 for other equipment.

The security deposit will be refunded within a maximum of seventy-two (72) hours after the event, less any amounts due for damage, loss or breakage of the equipment supplied, excluding damage attributable to the Service Provider or its team, supported by photographs taken before and after the event.

Glassware: any glass that is broken, chipped, damaged, lost or missing upon return will be charged to the Client at a unit rate of €5 to €7, depending on the type and model of glass concerned. This provision applies to all glassware supplied, whether included in the service or hired separately, excluding damage or loss attributable to the Service Provider or its team.

Damage to a caravan and/or any other equipment will be charged at the cost of repair or replacement, together with any costs arising from loss of use and loss of business.

Whether or not a security deposit has been paid, the Client remains fully liable for damage caused to the equipment or facilities supplied, whether caused by the Client, a member of their team, a guest, another supplier or a subcontractor working at the event.

By accepting these Terms and Conditions, the Client undertakes to hold civil liability insurance valid on the event date and covering these risks. The Service Provider may request a copy of this insurance at any time.

If effective cover is not in place, or if the insurance does not cover the loss or damage identified, the Client acknowledges personal liability for all resulting costs and losses.

 

3.6 – Late Payment – Failure to Pay

The service may only be provided if the Client has fulfilled their obligations to the Service Provider.

The booking deposit must be paid within the deadlines stated in the quotation. A grace period of seven (7) days may be allowed at the Service Provider’s discretion.

If payment is not made within the specified and/or permitted deadlines, the order may be cancelled.

Failure to pay by the due date will automatically, and without reminder, give rise to late payment charges calculated at three times the statutory interest rate in force, together with a fixed recovery charge per overdue invoice in accordance with Articles L 441-10 and D 441-5 of the French Commercial Code.

Interest will accrue from the day after the payment due date until full payment, without prejudice to any damages that the Service Provider may claim.

Penalties are payable without any reminder being required. A registered letter is not required.

Any bank charges arising from a failure to pay will be borne by the Client. This provision applies to charges for insufficient funds and any other grounds referred to in Article L 131-35 of the French Monetary and Financial Code. The Service Provider reserves the right to take any necessary legal action. All costs incurred will remain payable by the Client.

 

ARTICLE 4: TERMINATION CLAUSE

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If the purchaser has not paid the outstanding amounts within fifteen days following implementation of the “Late Payment” provision, the sale will be terminated automatically and the Service Provider may be entitled to damages.

The Service Provider reserves the right to take any legal action necessary to recover the amount due.

All costs incurred will remain payable by the Client. The booking deposit paid when the order was placed will be retained by the Service Provider as compensation in cases of force majeure and where the breach of contractual commitments is attributable to the Client.

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ARTICLE 5: NON-PERFORMANCE OF THE CONTRACT

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If the Client withdraws, the Client must notify the Service Provider by any available means, including telephone, e-mail or post, and obtain written confirmation from the Service Provider that the notification has been received.

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5.1 – Exemption from Liability and Force Majeure

Neither party is liable for any delay or failure to perform its obligations resulting from force majeure.

The Contract and the Parties’ obligations will be suspended, without compensation of any kind, in all cases recognised as force majeure by law and case law. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the Contract.

If the impediment is permanent, the contract is terminated automatically and the Parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.

In addition to force majeure, the Service Provider will not be liable for non-performance or improper performance of its obligations attributable either to the Client or to an unforeseeable and insurmountable act of a third party to the Contract.

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5.2 – Unforeseeable Changes in Circumstances

For the purposes of Article 1195 of the French Civil Code concerning unforeseeable changes in circumstances, the Parties agree to limit the relevant circumstances to:

• Major climatic events.
• Political, economic or health events of national or international significance likely to result in a substantial economic adjustment to the Contract.

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5.3 – Service Provider’s Liability

Each Party’s liability is limited to the commitments undertaken under the Contract. The Service Provider may only be held liable for proven fault or negligence and will therefore not be liable, among other things, for delays or suspension of the service attributable to the Client.

Any delay in delivery or setup by the Service Provider will not give rise to any penalty or compensation, nor justify cancellation of the order.

The Service Provider will not be liable for direct or indirect loss arising from work performed outside the scope of the Contract by one or more of the Client’s suppliers.

The Service Provider may be held liable for material damage caused to the other contracting party as a result of faults attributable to the Service Provider in performing its service. The Service Provider will not be liable for damage caused to the Client resulting from use of the service or relevant goods contrary to the Service Provider’s instructions or accepted professional standards.

In addition, all guarantees are expressly excluded in respect of:

• Harmful consequences arising from the unsuitable arrangement of objects or premises where the service is to be performed.
• Harmful consequences arising from the Client’s failure to communicate particular or exceptional instructions or information required for proper performance of the Services.
• Disappearance or misappropriation of important documents, items of monetary or sentimental value, cash, or credit or payment instruments. The Client is solely responsible for placing the relevant belongings, including their own and those of participants, in a secure location.
• Injuries, direct or indirect damage that the Client or participants may cause to themselves or others, particularly during fights or accidents, whether or not related to significant intoxication or drug use.
• Damage caused by the Client or participants to the equipment, facilities and/or premises of other suppliers working at the event. Any necessary repairs or reimbursements resulting from such damage will be borne exclusively by the Client, who undertakes to pay the restoration costs.

If these instructions are not followed, the Service Provider will accept no liability for resulting damage or accidents.

In all cases, compensation for loss suffered by the Client as a result of the Service Provider’s actions will be limited to the amount specified in the contract for performance of the Services.

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5.4 – Client’s Liability

For the provision of the service, the Service Provider makes its mobile bar and/or caravan bar, equipment, glassware and furniture available to the Client. These items remain the Service Provider’s exclusive property.

From delivery, the Client becomes the custodian of the goods and equipment delivered.

The Client must compensate the Service Provider for damage, total or partial loss, costs and expenses incurred by the Service Provider and caused by the Client, a guest, agent or employee in connection with the organisation of the event.

Broken, lost or damaged equipment may be charged to the Client at the applicable loss/breakage rates. For glassware, the conditions and rates set out in Article 3.5 apply.

The Client remains responsible for belongings of any kind, including personal effects and equipment, brought to the service location or belonging to participants, regardless of where they are stored. The Service Provider accepts no liability for damage of any kind, including theft or deterioration, affecting those belongings.

The Client declares that they are the sole organiser of the event and confirms that it takes place in a strictly private setting. The Client therefore assumes full responsibility and releases the Service Provider from liability for any accident or incident of any kind resulting from alcohol consumption throughout the event and during the return journeys of all persons attending.

Guests’ alcohol consumption is entirely the Client’s responsibility, and the Service Provider cannot be held liable for it. The Service Provider will nevertheless comply with the French Public Health Code, in particular by refusing to serve alcohol to persons under eighteen (18) years of age or to anyone who is visibly intoxicated or manifestly aggressive.

If the Service Provider considers that intoxication and/or aggression on the part of the Client or a guest interferes with the service or presents a risk to the safety of the Service Provider or its subcontractors, the Service Provider reserves the right to end the service if the Client takes no action. The Client will remain liable for the full amount stated in the accepted quotation.

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5.5 – Cancellation of the Service

Unless otherwise specifically agreed, if the Client cancels the booking or terminates this Contract before the service, the booking deposit will be retained by the Service Provider as compensation for reserving the date and preparing the service.

In addition, the Client remains liable for the full Contract price as the agreed cancellation charge if the Client withdraws or cancels less than three (3) calendar months before the service date.

If, for a justified reason beyond its control other than force majeure, the Service Provider is unable to perform all or part of a scheduled service, its liability will be strictly limited to refunding the booking deposit paid by the Client.

No other amount may be claimed from the Service Provider as compensation, whether for non-financial loss, expenses incurred by the Client or any financial loss arising from partial or total non-performance of the service.

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ARTICLE 6: EPIDEMIC

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The Parties agree that any government restriction, local restriction or decision of a competent authority resulting in cancellation of the event will give rise to a refund of half the booking deposit paid, less amounts already committed by the Service Provider towards the service.

If the event proceeds in a different form from that stated in the quotation, for example with fewer guests, the Service Provider reserves the right to cancel the service for economic reasons, with a refund of the booking deposit less amounts already committed by the Service Provider towards the service.

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ARTICLE 7: PUBLICATION

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The Service Provider may reproduce or publish all or part of the event material on social media or advertising materials. Event material means photographs or videos relating to and/or taken during the event, which the Client has supplied to the Service Provider on a temporary or permanent basis.

The Client hereby acknowledges assigning the rights relating to the event material within the meaning of Article 9 of the French Civil Code and related case law, including image rights. The Client expressly authorises its publication online or in advertising materials.

For this purpose, the Client declares that they have obtained the express authorisation of third parties appearing in the event material, including parents or guardians in the case of minors, and releases the Service Provider from third-party claims seeking to prohibit publication of event material or obtain damages.

The Client acknowledges being informed of the first two paragraphs of this Article and may refuse publication and assignment of rights relating to event material by writing “Read and approved, publication and assignment of rights refused” on the copy of these Terms and Conditions accompanying the quotation.

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ARTICLE 8: OWNERSHIP RIGHTS

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The Service Provider retains ownership of goods sold until the price and all related amounts have been paid in full. If the purchaser becomes subject to judicial reorganisation or liquidation proceedings, the Service Provider reserves the right to reclaim goods and services sold but unpaid for within those proceedings.

The Service Provider retains all intellectual property rights in studies, drawings, designs and creations produced, including at the Client’s request, for the purpose of supplying services to the Client.

The Client must not reproduce or exploit any such studies, drawings or designs communicated to them.

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ARTICLE 9: SUBCONTRACTING

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The Service Provider may entrust all or part of the material or intellectual services to a third party without this constituting grounds for the Client to terminate the contract. Termination on this basis will constitute a breach of contract.

The Service Provider nevertheless undertakes to notify the Client before the service is performed.

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ARTICLE 10: PERFORMANCE OF THE SERVICE

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10.1 – Event Location and Date

The bar or bars, goods and related services will be delivered and provided at the locations and on the dates previously specified by the Client.

Any particular requirements requested by the Client concerning the provision of the Services and accepted in writing by the Service Provider will be invoiced separately under a quotation accepted by the Client in advance.

If the Client changes the event date, the Service Provider will not be liable for resulting costs. The Client undertakes to engage the Service Provider for the newly agreed date; otherwise, the booking deposit will not be refunded. If the Service Provider is unavailable on the new date selected, the contract will be cancelled and the contractual cancellation charges will apply.

If the event location changes, additional mileage charges may be added to the original price at a rate of €1.50 per additional kilometre.

The Service Provider also reserves the right to cancel its service without financial compensation if the additional distance exceeds 150 km from Nîmes or if access to the venue is unsuitable for a caravan.

Changes of venue or setup location between service periods during the same event are also subject to Article 10.8.

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10.2 – Client’s Obligations to Provide Access and Facilities

The Client must provide the Service Provider with free access to electricity and water supplies throughout the service, including setup and dismantling. Connections must comply with French standards. Water and electricity consumed by the Service Provider in supplying the Services will in all cases be at the Client’s expense.

The Client undertakes to provide access to a kitchen or, at minimum, a secure space suitable for storing the Service Provider’s equipment. The Client will be liable to the Service Provider for replacement of equipment stolen outside the hours when the Service Provider or its staff are present.

It may be agreed that the Client will supply certain specifically identified equipment for the dates and times of the Service Provider’s work. The Client is responsible for ensuring compliance with applicable standards, maintaining the equipment and paying any relevant insurance premiums.

The Client must ensure that the Service Provider can easily access the chosen venue on ground suitable for a caravan. Mademoiselle L. requires a hard, flat surface, preferably level, approximately six (6) metres long and four (4) metres wide.

Mademoiselle L. measures 5.80 m long, 2.50 m high and 2.20 m wide. Mademoiselle S. measures 4.20 m long, 2.30 m high and 2.10 m wide.

The Client also undertakes to reserve a parking space immediately adjacent to the event venue to allow delivery of the bar or bars and supplies. The Client must also provide sufficient space for installation of the bar or bars and/or caravan bars.

The Client guarantees the Service Provider easy access to the service location. Compliance with these obligations is an essential condition of the Service Provider’s acceptance of the service. The Client must provide all relevant information in good time, particularly regarding access to the premises and the location allocated to the Service Provider and its equipment.

Where difficulties arise and/or delivery of the bar or bars is impossible because a parking space has not been reserved, the Service Provider will be entitled to refuse to perform the service. If the Service Provider decides to proceed, additional handling and logistics charges may be invoiced to the Client.

The Service Provider cannot be held liable for the consequences of unpredictable weather. The Client must anticipate any related difficulties.

Setup, Packing Up and Venue Access

The Service Provider will schedule its arrival at the event venue between two (2) and three (3) hours before the service start time specified in the quotation. Dismantling, packing up and departure will take place within one (1) to two (2) hours after service ends.

The Client must ensure that the Service Provider, its team and its vehicles have clear, usable and suitable access to the agreed setup area during these periods, allowing for unloading, setup, dismantling, loading and departure. The Client is responsible for checking these access arrangements in advance with the venue, the organiser and other suppliers, and for ensuring that access remains available.

No restriction relating to the venue, ceremony, presence of guests, entertainment, dancing or other suppliers may require setup more than three (3) hours before service begins or prevent packing up and departure within two (2) hours after service ends.

Any request for earlier setup or delayed departure, or any access restriction affecting these periods, must be disclosed before the quotation is accepted and requires the Service Provider’s prior written agreement. If such a restriction arises after the booking has been confirmed, the Client must notify the Service Provider immediately so that a solution can be agreed in writing.

These arrangements remain subject to the Service Provider’s availability and agreement and may incur additional travel, staffing or waiting charges, specified in a quotation or amendment accepted by the Client. They cannot be imposed unilaterally on the Service Provider after the booking has been confirmed.

For split services, these periods are calculated by reference to the start of the first service period and the end of the final service period. The Client must also ensure access for any relocation at the agreed times.

The Client undertakes to provide a hot or cold meal to all of the Service Provider’s staff during their working hours.

Except in cases of force majeure, the Client’s failure to fulfil their obligations releases the Service Provider from its obligation to supply the Services. The booking deposit and the balance of the price will nevertheless remain payable.

The Client undertakes to cooperate in good faith with the Service Provider and to keep the Service Provider fully informed of changes affecting the organisation of the service.

Any change affecting the service that results in increased costs will be borne entirely by the Client. The Client must also take all measures they consider necessary and sufficient to prevent or reduce the effects of non-performance resulting from force majeure.

The Client must inform the Service Provider as soon as possible of any event preventing the Client from performing all or part of their contractual obligations. Deliberate concealment of information likely to delay, hinder, disrupt or disorganise the service will not be tolerated. The Service Provider reserves the right to end the contractual relationship without notice and without refunding the booking deposit.

The Client undertakes not to intervene directly with the Service Provider’s suppliers, subcontractors, staff or collaborators before, during or after the event. If, following termination of the contract, the Client carries out or commissions the event originally defined by the Service Provider, an amount equal to fifty per cent (50%) of the value of the copied projects will be payable to the Service Provider. The Client undertakes to pay the Service Provider on the agreed dates and in the agreed amounts.

The Client must provide the Service Provider with the names and contact details of all persons responsible on site on the event date.

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10.3 – Specific Conditions for Dry Hire

Client’s responsibility:

• The Client assumes full responsibility for incidents or damage affecting the hired goods.

Security deposit:

• Because the Service Provider is not present throughout the hire period, the security deposit is increased to €3,000.

Equipment security:

The Client undertakes to:

• Secure the hired equipment.
• Store movable equipment in a secure room.
• Secure the caravans by locking all doors and openings.
• Use the supplied coupling lock and wheel clamp.

Protection against adverse weather:

• The Client must protect all equipment in adverse weather and after each service.
• A dedicated tarpaulin is supplied for each caravan.

Moving the caravans:

• The Client must not move the caravans for any reason without the Service Provider’s agreement and presence.

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10.4 – Service Provider’s Obligations

The Service Provider undertakes to cooperate in good faith with the Client and to use all necessary means to satisfy the Client in organising the service as defined in the quotation. However, the Service Provider will not be liable for unforeseen events, force majeure or acts of third parties. Where possible, the Service Provider will nevertheless seek solutions to overcome any difficulties that arise.

Quantities estimated when the quotation is prepared are indicative. The Service Provider will not be liable in the event of high demand and/or stock shortages during the service.

If guests ask the Service Provider to prepare drinks other than those originally agreed, the Service Provider alone will decide whether to accept, taking account of demand, complexity and available stocks or supplies.

The service will end, constituting the definitive contractual end time, when all cocktails or drinks ordered have been served, or when the Client’s service has ended.

Each additional service hour started will be charged at the rate applicable to the team provided, as stated in the quotation accepted by the Client. Any extension remains subject to the Service Provider’s availability and agreement. Standby periods between service periods and operations required to change venue or setup location are charged separately in accordance with Article 10.8.

The Service Provider has no obligation to refund the Client if the full initial allowance of cocktails or drinks ordered has not been used during the service. Unconsumed beverages, including unopened bottles and cans, will be handed over to the Client, excluding draught beer supplied in returnable kegs and cocktails.

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10.5 – Weather Conditions

As services are mainly provided outdoors, the Client is responsible for arranging a suitable alternative in the event of adverse weather. The Service Provider will not be liable for inability to perform the service if weather conditions make it dangerous or physically impossible.

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10.6 – Hire Period for Optional Extras and Additional Equipment

Any optional extra or additional equipment booked alongside the Service Provider’s service, including beer tricycles, illuminated “LOVE” letters, audio guestbooks, photobooths, games, champagne chests and other accessories or decorative items, is hired for the duration of the service specified in the quotation.

These items may be made available once installed upon the Service Provider’s arrival, scheduled between two (2) and three (3) hours before service begins. They are collected during packing up and, in all cases, no later than the Service Provider’s departure, which will take place within one (1) to two (2) hours after service ends, in accordance with Article 10.2.

The presence of these items during setup and packing up does not constitute hire for the entire day or the entire event. No equipment may be retained after the Service Provider’s departure, including for the remainder of the evening or the following day, without the Service Provider’s prior written agreement.

Any extension requires a written agreement specifying the revised hire period, collection arrangements and any additional hire charges. Where a separate trip is required to collect the equipment, particularly on the following day, the Client will bear the additional travel and collection costs, as set out in a quotation accepted in advance.

For split services, the availability of equipment during intervals between service periods will be specified in the quotation or amendment.

For dry hire bookings covered by a specific quotation, the hire period and return arrangements expressly stated in that quotation apply.

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10.7 – Glassware Hire Period and Return

All glassware supplied as part of the service, whether included or hired separately, including cocktail glasses, beer glasses, wine glasses and champagne flutes, is made available solely for the duration of the service specified in the quotation, subject to the same arrangements for availability during setup and collection during packing up as set out in Article 10.6.

The Client must ensure that all glassware is gathered and available for collection during packing up, no later than the Service Provider’s departure. Glassware may not be retained for the remainder of the event or the following day without the Service Provider’s prior written agreement.

Any extension or deferred collection must be agreed in writing in advance. The Client will bear any additional travel and collection costs, as set out in a quotation accepted in advance, together with any agreed additional hire charges.

For split services, the availability of glassware during intervals between service periods will be specified in the quotation or amendment.

Broken, damaged, lost or missing glasses will be charged in accordance with Article 3.5.

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10.8 – Service Duration, Split Service, Standby Time and Relocation

Included service duration

Unless expressly stated otherwise in the quotation, the standard package includes four (4) consecutive hours of service. Setup and packing-up time are not deducted from these service hours.

Split service and standby time

At the Client’s request and subject to the Service Provider’s prior written agreement, the included hours may be divided into separate periods during the same event, for example an initial service during the drinks reception and a second service later in the evening. The timings of each service period and each interval must be specified in the quotation or in an amendment accepted by both parties.

Intervals between service periods constitute standby time, during which staff and equipment remain committed to the event. These intervals are not included in the four service hours and are charged separately at 50% of the hourly overtime rate applicable to the team specified in the quotation. The quotation or amendment will state the planned standby duration, the applicable hourly rate and the corresponding charge.

Service hours exceeding the included duration are charged at the overtime rate stated in the quotation. Any extension or change to the agreed schedule remains subject to the Service Provider’s availability and agreement.

Change of venue or setup location

Where service periods take place at different venues or setup locations, including different locations within the same estate or venue, any dismantling, handling, transport and reinstallation required between those periods will incur an additional charge, separate from service fees and standby charges.

Any change of venue or setup location must be arranged in advance and remains subject to practical feasibility and the Service Provider’s written agreement. The quotation or amendment will specify the locations concerned, the operations required, the time needed and the corresponding cost.

Time spent carrying out these operations does not constitute service time and is not deducted from the included service hours. It will not also be charged as standby time: the quotation or amendment will distinguish relocation operations from any remaining standby periods.

The Client must ensure access for these operations at the agreed times, in accordance with Article 10.2.

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ARTICLE 11: COMPLAINTS

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Any complaint by the Client concerning the Service Provider’s liability must be made by registered letter with acknowledgement of receipt within five (5) calendar days following the date of the matter giving rise to the complaint. If this five (5) calendar day deadline is not met, the Client’s complaint will lapse.

Any e-mail, text message, social media message or telephone call from the Client will therefore not constitute legally valid notice.

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ARTICLE 12: CONFIDENTIALITY

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The Parties mutually undertake, both during performance of the contract and afterwards without time limit, to maintain strict confidentiality. They must not disclose, directly or indirectly, any information, knowledge or know-how concerning the other contracting party or its operating arrangements to which they may have had access while performing their services, unless that information, knowledge or know-how has entered the public domain or disclosure is required by a specific regulation or an administrative or judicial order.

The Parties also undertake to ensure compliance with this obligation by all members of their staff, each Party guaranteeing such compliance to the other.

Confidentiality also applies, on the same terms as the preceding two paragraphs, to the terms of contracts between the Parties.

By exception, the Client authorises the Service Provider to name the Client among its references in commercial materials, regardless of the medium, including brochures and websites.

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ARTICLE 13: JURISDICTION

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Any dispute relating to the interpretation and performance of these Terms and Conditions of Sale is governed by French law.

If an amicable resolution cannot be reached, the dispute will be brought before the Commercial Court of Nîmes.

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